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The Search And Seizure Exclusionary Rule, Department Of Justice Office Of Legal Policy
The Search And Seizure Exclusionary Rule, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
The fourth amendment guarantees the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." This guaranty is not self-executing, however, and the courts and criminal justice systems in this country have long been bedeviled by questions concerning appropriate methods of ensuring its observance. As a result of the Supreme Court's decisions in Weeks v. United States and Mapp v. Ohio, the method principally relied upon today is a judicially created rule excluding from criminal trials evidence obtained in violation of the defendant's fourth amendment rights.
The search and seizure …