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Summary exclusionary rule.docx Exclusionary Rule Evaluation University of Phoenix CJA 315 Introduction In this written assignment, the rationale and purpose of the exclusionary rule with be analyzed, as well as identifying the exceptions to the rule. In this $4.99
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Summary exclusionary rule.docx Exclusionary Rule Evaluation University of Phoenix CJA 315 Introduction In this written assignment, the rationale and purpose of the exclusionary rule with be analyzed, as well as identifying the exceptions to the rule. In this
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exclusionary Exclusionary Rule Evaluation University of Phoenix CJA 315 Introduction In this written assignment, the rationale and purpose of the exclusionary rule with be analyzed, as well as identifying the exceptions to the rule. In this analysis, the costs and benefits of the exclusionary ...
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the rationale and purpose of the exclusionary rule with be analyzed
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EXCLUSIONARY RULE EVALUATION 1
Exclusionary Rule Evaluation
University of Phoenix CJA 315
, EXCLUSIONARY RULE EVALUATION 2
Introduction
In this written assignment, the rationale and purpose of the exclusionary rule with be
analyzed, as well as identifying the exceptions to the rule. In this analysis, the costs and benefits
of the exclusionary rule will be stated, as well as alternative remedies to the rule. My position on
the exclusionary rule will be stated and information will be provided to support that position.
To start with, the exclusionary rule must be explained. Th exclusionary rule is legal rule
that prevents evidence that was not properly collected and/or that violates a defendant Fourth
Amendment right from being used in court. The purpose of this rule is to deteriorate law
enforcement officers from conducting illegal searches and seizures, and to provide solutions to
defendants whose rights have been violated. There are multiple exceptions to this rule, however
this assignment will only go over the three most common exceptions. The first exception is the
Good Faith exception, which allows officers to include evidence that was obtained under a
search warrant that turned out to be invalid. The evidence is allowed because the officer was
under the impression that they were within means of their protocol and were acting under good
faith. Another exception to the exclusionary rule is the Independent Source Doctrine. The
Independent Source Doctrine is an exception which states, “Evidence initially obtained during an
unlawful search or seizure may later be admissible if the evidence is later obtained through a
constitutionally valid search or seizure (Jurkowski, 2017).” Which is basically stating that if the
unlawfully collected evidence can be collected through a legal search or seizure later, that it will
be allowed in court. The third exception that will be mentioned is the Inevitable Discovery
Doctrine. Which is like the Independent Source Doctrine but has some key differences. This
doctrine basically allows evidence that was illegal obtained to be presented in court ifit would
inevitably have been obtained in another way (Jurkowski, 2017).
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