Exclusionary Rule

Exclusionary Rule
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There is no criminal procedure topic that has faced fiery among legal scholars than the Fourth Amendment's exclusionary rule. The Fourth Amendment states, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” shall not be violated, and that “no warrants shall issue” without sworn, particularized affirmations of probable cause. In justice day of 1914, the unanimous opinion for the court in the Weeks v. United States case adopted the exclusionary rule in federal prosecutions. Since this period was a period of muscular individual rights the court also enforced the rights under the Fourth Amendment's exclusionary rule with an equally strong remedy CITATION Roo10 \l 1033 (Roots, 2010).
The rationale for implementing the exclusionary rule is to put the United States' courts and the officials in the Federal system, in exercising their powers and authority, under certain limitations and restraints in exercising such powers and author. In addition, the rule secures and protects the people, their persons, houses, papers, and effects from all the unreasonable searches and seizures that are done under the disguise of the law by the courts and federal official. This protection does not only cover the accused but also the non-accused and it requires all who are entrusted under the United States Federal system with enforcing the law should strictly adhere to the rule CITATION The13 \l 1033 (Clancy, 2013).
The amendment exclusively protects against all repressive incursions by the state into the people's privacy with the modern focus being searches conducted by the police for suspects. The rule as determined by the court also implicitly protects against the use of any of such repressive incursions by the police during judicial proceedings that provide the exclusionary rule. Here ev...