The Exclusionary Rule
The exclusionary rule was created by judges, through case law, to prevent police misconduct. It prohibits the use of evidence obtained in violation of a person’s constitutional rights. The exclusionary rule was established in the case of Weeks v. United States (1914) for federal application and was subsequently applied to the states in the 1961 case of Mapp v. Ohio.
You have been tasked with putting together a training presentation for a new class in the academy. The presentation will address the exclusionary rule, the impacts of the exclusionary rule, and exceptions to the exclusionary rule. In PowerPoint format, address the following:
- The circumstances that gave rise to the creation of the exclusionary rule, citing the Weeks case.
- The circumstances that gave rise to the extension of the exclusionary rule to the states, citing the Mapp case.
- How public policy impacts the balancing of individual rights and societal needs in a Fourth Amendment interpretation.
- How the courts have interpreted the exclusionary rule since its creation in your specific jurisdiction, using two court cases as examples.
- How one possible exception to the exclusionary rule works, using the following scenario for analysis: You are a supervising police officer and one of your rookie patrol officers, Patrolman Mark, asks you a question about something that happened on his shift. Along with Officer Kennedy, Mark tells you he was executing a search warrant issued for 221B Elm Street. Unfortunately, they went to 212B Elm Street instead and entered the home of Ms. Cook, finding a stack of laptops that turned out to be stolen property. Cook thought she had been caught and did not complain about the search warrant issue. Mark says he is glad they caught Cook but does not want to get in trouble. Is Mark in trouble for the search?
- The impact of the court decisions on police procedure.