Violation of the 4th Amendment

Evidence obtained in violation of the 4th Amendment cannot be used at trial. The primary purpose of the exclusionary rule is to deter police misconduct. However, there are a number of exceptions to the exclusionary rule that allow evidence that is seized without a warrant to be introduced at trial. These include the good faith exception, the inevitable discovery exception, the purged taint exception, and the independent source exception.

INSTRUCTIONS

In your main post:

  • Explain the advantages and disadvantages of a minimum of two of the exceptions to the exclusionary rule.
  • Identify which exception to the exclusionary rule you feel preserves the integrity of the judicial system and explain why.
  • Propose two additional exceptions to the exclusionary rule and how they would aid law enforcement in investigating cases while still maintaining professionalism.
  • Explore how the additional proposed exceptions would aid law enforcement in investigating cases while still maintaining professionalism.
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