Legal Issues

Exclusionary rule is a rule that was made by a judge the courts then adopted it in order to prohibit the police officers from carrying out illegal seizures and searches. Basically, the constitution simply says that individuals are free from any unreasonable seizures and searches. However, it does not stipulate the actions the court should take incase an unreasonable seizure or search occurs. Finally, the courts made a decision in regards to exclusionary rule, in this decision the courts ruled that any evidence that is seized illegally will not be applicable as evidence or as a way of law enforcement. Therefore, in their rationale for this rule, the courts applied the unclean hands concept. Under this concept, if the judiciary system through the courts, which is a symbol representing the highest possible justice on the land, applies illegally obtained evidence, then it implies that they condone the application of illegal evidence, then the courts themselves will be captives of the unclean hands concept (Net Industries and its Licensors, 2010).

In the case of Weeks vs. US, 232 United States 383 of 1914, the Supreme Court of the Unite States held unanimously that, the seizure of the items that were obtained from a private residence which warrantless constituted a violation to the 4th amendment. The Supreme Court hence established the exclusionary rule which forbids admission of evidence that is obtained illegally into the federal courts of the United States. The procedures and rules governing the application of proof in the judicial system of America are largely obtained from the common law of English. In fact, until the year 1914, the Supreme Court of the US had maintained its faithfulness to the principles it dictated (Justia, Oyez  Forms WorkFlow, 2010).

In the case of Wolf vs. Colorado, 338 United States 25 of 1949, the supreme court of the US held that the 14th amendment was not imposing any limitations that are specific to the criminal justice system of the states. Therefore, any evidence that is obtained illegally does not have to be done away with in each and every case before a court. This therefore means that the fourth amendment provides a general rule that any evidence obtained illegally shall not be used in a court of law. The fourteenth amendment on the other hand, while being consistent with the fourth amendment, stipulates that the defense has the duty of proving to the court why it was necessary to have evidence obtained through illegal means. If the court is satisfied by the proof provided by the defense, it will go ahead and accept the illegally acquired evidence (Justia, Oyez  Forms WorkFlow, 2010).