discuss arguments for and against the exclusionary rule. explain whether or not you believe we should...

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Psychology

discuss arguments for and against the exclusionary rule. explainwhether or not you believe we should have the rule

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The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution The decision in Mapp v Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment The decision in Miranda v Arizona established that the exclusionary rule applies to improperly elicit selfincriminatory statements gathered in violation of the Fifth Amendment and to evidence gained in situations where the government violated the defendants Sixth Amendment right to counsel However the rule does not apply in civil cases including deportation hearings See INS v LopezMendoza Derivatives of Excluded Evidence If evidence that falls within the scope of the exclusionary rule led law enforcement to other evidence which they would not otherwise have located then the exclusionary rule applies to the newly discovered evidence subject See Answer

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