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Legal Evolution of the Exclusionary Rule

present (Klotter, 25)The controversy continued as experts attempted to identify the true purpose of the exclusionary rule. According to some experts, the exclusionary rule within the scope of the Fourth Amendment serves to protect citizens’ privacy and ensures the security of their property and possessions from unreasonable and unlawful intrusion by the government. On the other hand, the exclusionary rule is considered to be a legislative tool designed to curb police brutality and misconduct. As Justice Benjamin Cardozo put it, “the criminal is to go free because the constable has blundered” (Epstein, 413)Similar to the Constitution, the exclusionary rule is not etched in stone, leaving room for new amendments and revisions. In the case of Leon v. United States in 1984, the “good faith” exception has been added to the exclusionary rule. That exception refers to law enforcement officials who conduct a lawful search and seizure on the basis of good faith, and later discover that a mistake was made in the issuance of the warrant; the seized evidence may still me used in trial. Despite problems, issues, and exceptions associated with the exclusionary rule it has undoubtedly had enormous positive influence on the legal climate in the nation. The Fourth Amendment is critical to maintaining citizens’ privacy and property, and the exclusionary rule has reinforced it. The exclusionary rule has prevented the Fourth Amendment from becoming, “ a form of words, valueless and undeserving of mention in a perpetual chapter of inestimate human liberties” (Ronald, 604). The rule completely reshaped and revolutionized the legal approach to the protection of citizens’ civil liberties. ...

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