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The Fourth Amendment and The Exclusionary Rule

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Write a letter in which you assume the role of any modern United States senator. Direct your letter to the Congress of the United States. In it, either defend the use of the exclusionary rule, or explain why the exclusionary rule was not intended to be used as an enforcement technique for violations of the Fourth Amendment.

In the letter:
Define the scope and limitations of the Fourth Amendment.
Explain what you think should happen if the police conduct an illegal search and seizure: Should the evidence be allowed or excluded from trial? Should police be granted certain exceptions in using illegally obtained evidence? Why or why not?
Identify and cite case examples that support your argument. You may use examples identified in Issue 4 of Debating Crime, or on the Internet.
If you argue that the exclusionary rule should be abolished, propose an alterative for deterring police misconduct.

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Solution Preview

Write a letter in which you assume the role of any modern United States senator. Direct your letter to the Congress of the United States. In it, either defend the use of the exclusionary rule, or explain why the exclusionary rule was not intended to be used as an enforcement technique for violations of the Fourth Amendment.

In the letter:
Define the scope and limitations of the Fourth Amendment:
The Fourth Amendment protects the right of the people to be secure in their person, houses, papers and effects, against unreasonable searches and seizures. It also assures that warrants will be issued only on probable cause and will be supported by oath and the places that needs to be searched has to be described. The warrant also needs to describe the things or the persons that are to be seized.
The scope of the fourth amendment is that its applicability is limited to government officers and to criminal proceedings. The exclusionary rule is applied when evidence is obtained through a violation of the Fourth Amendment is declared not admissible by the prosecution during the defendant's criminal trial.
The use of the exclusionary rule is the most powerful way of enforcing the ...

Solution Summary

In a letter to the Senator this solution gives you the scope of the Fourth Amendment in preventing illegal searches and seizures. It also describes the exclusionary rule and its effectiveness.

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