Question

What is the exclusionary rule and how did it come to be? Given the advent of good-faith exceptions to the exclusionary rule, the plain-view doctrine, and the U.S. Supreme Court's recognition of the need for emergency searches, can we realistically argue that the exclusionary rule is still effective in contemporary American criminal justice? Has the exclusionary rule been so watered down by recent decisions as to be little more than a paper tiger? Defend your position.

Answer 1

The exclusionary rule forbids most evidence obtained in violation of the Constitution of the United States from being used by the legislature. The decision in Mapp v. Ohio determined that evidence obtained from an arbitrary search or seizure in violation of the Fourth Amendment is protected by the exclusionary clause.

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