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Constitutional ExclusionThe Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order$
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James J. Tomkovicz

Print publication date: 2011

Print ISBN-13: 9780195369243

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780195369243.001.0001

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1. The Fourth Amendment Exclusionary Rule

1. The Fourth Amendment Exclusionary Rule

(p.1) 1. The Fourth Amendment Exclusionary Rule
Constitutional Exclusion

James J. Tomkovicz (Contributor Webpage)

Oxford University Press

This chapter addresses the most prominent exclusionary rule, the Fourth Amendment doctrine commanding the suppression of evidence acquired from unreasonable searches or seizures. This rule emerged in the early 20th century as a restriction on federal prosecutions, but was extended to include state trials in 1961 after Mapp v. Ohio. Initially, it was a personal right of the defendant and a deterrent safeguard designed to prevent future illegalities. Later, the Supreme Court decided that its sole justification was deterrence and that it was not a personal right of the accused. The rule presumptively reaches immediate and derivative evidence acquired as a result of searches or seizures that violate the Fourth Amendment. Only victims of illegal searches or seizures have “standing” to bar evidence from their criminal trial, and there are a number of significant exceptions that allow otherwise barred evidence to be admitted into trials.

Keywords:   Fourth Amendment, exclusionary rule, search, seizure, evidence, Mapp v. Ohio, suppression, deterrence, derivative evidence, standing

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