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Origin and theory of the Exclusionary Rule

Originand theory of the Exclusionary Rule

Originand theory of the Exclusionary Rule

Exclusionaryrule allows a defendant to pose obstruction of prosecution frompossible introduction of rather admissible evidence generated viapossible immense violation of the current constitution. This rule isonly applicable to evidence obtained from seizure or unreasonablesearch violating the Fourth Amendment in order to improperly deriveself-incriminatory evidence gathered in breach of the FirthAmendment. It is also applicable to evidence gathered incircumstances where the government grossly violates the defendants’right to counsel in respect to the Sixth Amendment (Roots,2014).

Digginginto the history of this rule, prior to United States independence,England courts disregarded self-incriminating kind of evidenceprovided in the course of case (Roots,2014).There was no strong evidence in English law prior to 1789 regardingexclusionary rule. This rule later came about in the provisions ofthe Fourth Amendment of the constitution. However, the FourthAmendment came into operation while the courts were being accused forlack of agreeable doctrinal framework (Kinports, 2013).

Thereother doctrines and exception, which arose over time to theexclusion, rule as follows: One key exception to exclusionary rule isthat it is not applicable in civil cases such as deportation hearings(Roots,2014).Another exception is that of good faith. This exception was createdin 1984 declining to apply exclusionary rule after police hadsubstantially relied on arrest warrants that would become unsupportedby basic probable cause rendering it unconstitutional (Kinports,2013). Under this exception, evidence cannot be excluded insituations where it has been obtained by police officers who placetheir reliance on an arrest warrant, which eventually becomesinvalid. This exception also holds that evidence may be deemedadmissible where the police officers involved relied on statuteswhich are invalid (Roots,2014).Again, independent source doctrine is another exception. Evidence,which at first is obtained through unlawful seizure, may turn out asadmissible later if the search is constitutionally valid. Lastly,inevitable discovery doctrine is another exception. Under thisdoctrine, obtained evidence would be admissible in cases where itwould have been discovered even in absence of unlawful seizure orsearch (Roots,2014).


Kinports,K.(2013). Culpability, Deterrence, and the Exclusionary Rule. William&amp Mary Bill of Rights Journal,21, 821-856.

Roots,R. (2014). The Framers` Fourth Amendment Exclusionary Rule: TheMounting Evidence. NevadaLaw Journal,15, 42-76.