EXCLUSIONARY RULE

EXCLUSIONARYRULE

Thisrule was formed to protect citizens more so suspects in a case fromillegal police searches and obtaining evidence illegally. The policeare deterred from this and thus they are forced to uphold the law.Judges are also not allowed to collaborate with the police in issuingillegal search warrants. The law protects the citizens and the policecannot get evidence forcefully from the people. The rationale behindthis exclusionary rule is to deter the police from any form ofmisconduct and to uphold the law&nbsp(Garland, 2011).

However,there are exceptions to this rule. Good faith this allows thepermission for evidence even if there seems to be a technical hitchin the warrant or the way the evidence was extracted, as long as thepolice officer had reasonable doubt and was acting in good faith. Ifthe officer did believe that the warrant was valid then this can bean exception to this law (Garland, 2011).The major obstruction tothis exception is that the courts and judges may look like they areworking together with the police thus creating lack of faith by thepeople in the judiciary system.

Impeachmentexception applies if there are some illegally seized documents orgoods by the police. The police are able to use these documents tohelp the judge in getting a conviction. Also statements taken againstthe fourth amendment can be used in a case. The purpose of usingillegally seized evidence is to enable the accused to try and comeclean and give truthful information about the case. This also helpsin getting the accused side of the story and piece up theinformation.

References

Garland,N. M. (2011).Criminalevidence(6thed.). New York, NY: McGraw Hill