How Does the Exclusionary Rule Work? 

 January 8, 2015

By  LMW Attorneys

In 1961, Dollree Mapp was living in Cleveland, Ohio when the police received a tip that a potential bombing suspect might be hiding in her apartment. The officers went to Mapp’s home and demanded entry. She refused, telling the officers they needed a warrant. The officers forced entry into Mapp’s home and found various items of pornography. As a result, Mapp was convicted of possession of obscene matter. She later appealed, citing that the warrantless officers had violated her Fourth Amendment rights. The Mapp v. Ohio case became one of the most historic cases of the 1960s and ultimately shed light on the need for an exclusionary rule.

What is the Exclusionary Rule? How Does the Exclusionary Rule Work?

The exclusionary rule is a legal principle that prevents the government from using certain evidence against an individual if the evidence was gathered in violation of the United States Constitution. The exclusionary rule is grounded in the Fourth Amendment and was set in place to deter police misconduct and protect citizens from illegal search and seizures. In the case of Mapp v. Ohio, Mapp argued that her constitutional rights were violated because the officers searched her home without a warrant.

Good Faith & Other Exceptions to the Exclusionary Rule

The good faith exception is a legal doctrine that provides an exemption to the exclusionary rule. This exception allows evidence that is collected in violation of privacy rights to be admitted as long police officers were acting in good faith. In addition to this exception, the exclusionary rule does not apply in:

– Civil cases, grand jury proceedings, or in a parole revocation hearing

– Evidence obtained from the defendant by a private person is admissible

– Evidence can only be excluded if the illegal search was in violation of the person’s constitutional rights

– The defendant is not allowed to take advantage of the situation in order to turn the case to his or her advantage

Call LMW Attorneys for a Free Consultation

Evidence is a crucial factor in any case as it can be the deciding factor between freedom and a life imprisoned. If you believe that evidence against you was illegally obtained, call the professionals at LMW Attorneys today. The legal team at LMW Attorneys is experienced in the areas of criminal defense and personal injury and can defend your rights. Contact us today to schedule a free consultation.

Call us at (727) 478-4125 for a free consultation by phone or at our office in Port Richey, FL.
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