Exclusionary Rule in the US
The American Constitution is famous with its numerous amendment, so the whole nation is not afraid to transform its laws to make the whole country better. The Fourth Amendment was adopted in 1792 and prohibits unreasonable searches and seizures, so the search warrants should be given only by Courts with the reasonable grounds. According to the Fourth Amendment (1792), all governmental seizures and searches could be conducted upon the issuance of a legal warrant, which juridical sanction all details of the thing to be searched or persons to be seized. According to the US legal practice, there are seven different exceptions to the search warrant rule, like exigent circumstances, caretaker function, search incidental to a lawful arrest, plain view, and open fields, consent search, inventory/impounded vehicles and motor vehicle inspection. The other exceptions, like public school’s searches, are quite controversial, so there is no clear vision about this exception.
According to the Cornell Law School (2017), the Exclusionary rule is another controversial concept in the US legal practice. This rule prevents the government from using most evidence gathered in violation of the United States Constitution. From the one point of view, some crimes are conducted by well-known people, but without legal evidence, the prosecutor's office simply cannot charge the malefactor. So, the evidence that proves the guilt of suspect but if they were collected with violations to constitutional rights, so the Court could not examine it. This rule is quite controversial, because it allows the criminal to stay unpunished, but this rule protects the constitutional right against illegal search and seizes. The Fruit of the Poisonous Tree legal doctrine holds that all illegal evidence should be excluded from the trials. The only exceptions to the Fruit of the Poisonous Tree doctrine that helps during the evidence collection at a crime scene are, when they were discovered from a source independent of the illegal activity, its discovery was inevitable or there is attenuation between the illegal activity and the discovery of the evidence.
References
Cornell Law School. (2017). Exclusionary Rule. LII / Legal Information Institute. Retrieved 2 March 2017, from …
