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Running head: EXCLUSIONARY RULE

Exclusionary Rule Part 1
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EXCLUSIONARY RULE

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The Exclusionary Rule; Rationale and Purpose.
The exclusionary rule states that any evidence obtained illegally, either by illegal
search and seizure or interrogation, violates the Fourth Amendment of the Constitution of the
United States, and is inadmissible in a court of law. In simple terms, evidence obtained illegally
is not sufficient enough to be used against the defendant. The rule applies if the violation is
against the defendant’s rights and not any other parties. Based on the constitution, citizens are
exempted from unreasonable searches. This rule, however, applies only in criminal cases and not
cases of civil nature. Although the rationale behind this rule stems from constitutional rights, it is
a remedy created by the courts and is not purely a constitutional right in itself. It is aimed at
discouraging police officers from carrying out a search and seizure that is against the Fourth
Amendment and to remedy the defendants of the infringement.
Exceptions to the Rule
Like any other rule, exceptions to the exclusionary rule do apply. And if the
predefined exceptions are met, the evidence obtained will be considered admissible. They are as
follows:
i. Good Faith Exception
In this case, evidence will not be disqualified if it was acquired by officers
who believed that they were relying on a search warrant that they thought was legal, only to
discover later that it was defective in legal terms. There are cases such as David v. U.S.,
whereby the United States Supreme Court stated that the exclusionary rule was invalid if the
police carry out a search which relies on appellate precedent that allows the search.
ii. Independent Source Doctrine

EXCLUSIONARY RULE

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If the evidence was initially obtained through an illegal search and seizure but
is later obtained by legal means, then it may be admissible. Also, some courts accept an
“expanded” doctrine. Here, a partially illegal warrant is sustained if upon excluding the
illegally acquired information that aided in its issuance, the rest untainted information creates
probable cause enough to justify the issuance of the warrant. Such was the case in Murray v.
U.S.
iii. Inevitable Discovery
The inevitable discovery rule is linked to the independent source doctrine. It
allows for the adm...