Law-Alternatives to the Exclusionary Rule

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Introduction

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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