The greatest aspect of the American judicial system is the wide range of courts that deal with certain criminal and civil lawsuits. These courts are tasked with implementing laws and ensuring that constitutional rights are each citizen is upheld in these cases. Contrary to the lower courts is that of the highest. What is the Supreme Court's justification for denying the application of the exclusionary rule in probation and parole systems? Discuss specific case examples.© BrainMass Inc. brainmass.com October 10, 2019, 5:58 am ad1c9bdddf
Denial of the application of the exclusionary rule in probation and parole systems has long been an argument within our judicial system as it relates the constitutional rights of parolees. As we know, protection against illegal search and seizure is protected under the Fourth Amendment in how law enforcement attains evidence during the prosecution of an individual. Contrary to this was a decision made the U.S. Supreme Court under the exclusionary rule that states this does not apply to individuals on probation or parole. According to Abadinsky (2012), during ...
This solution explains why parolees' are not privileged to fourth amendment rights and explains why evidence produced through warrentless search and seizure is admissible during a violation of parole hearing. It includes one reference.