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The Fourth Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Enforcement of Fourth Amendment Rights
The Fourth Amendment announces the right to be free from unreasonable[2] searches and seizures, but the manner of enforcing that right is not specified. If a criminal prosecution results from a government Fourth Amendment violation the Supreme Court has settled on a single method to make the right real. Evidence obtained as a result of a Fourth Amendment violation may not be presented at a trial.[3] The evidence is excluded from trial, hence the Exclusionary Rule.
The goal of the exclusionary rule is to discourage law enforcement misconduct since the government will not be able to use illegally obtained evidence to obtain a conviction.
When the Exclusionary Rule Applies
There are three elements to the Exclusionary Rule. These elements are:
The seizure of property without a warrant by a police officer, or by someone acting as an agent of the police.
- There must be evidence for use in a criminal prosecution obtained or seized.
- There must be a connection between the illegal action and the evidence obtained. If there is an illegal action, but the action was unrelated to the collection of evidence, the state may present the evidence at trial.
Enforcement of the Exclusionary Rule
A defendant in a criminal case who believes evidence the state intends to use against him was illegally obtained must take action to enforce the Exclusionary Rule.
This action is taken by defendant’s motion asking the court to exclude[4] evidence obtained in violation of the Fourth Amendment. The motion provides the judge with information on the above points. If the prosecution fails to rebut the defense claim of a Fourth Amendment violation, the judge will order the evidence suppressed. This means the evidence may not be used while the prosecution is trying to prove a defendant’s guilt.
Exceptions to the Exclusionary Rule
There are four principle exceptions to the Exclusionary Rule. They are:
- The Independent Source Doctrine. When evidence is obtained by two methods, one being illegal and the other legal, the evidence will be allowed in court.
- The Inevitable Discovery Rule. When evidence is obtained illegally, but because of circumstances the evidence would have been found by legal means, the evidence will be allowed in court.
- The Good Faith Exception. If an officer obtains evidence with a warrant that he believed was properly issued then that evidence will be allowed in court even if it is later shown that there were certain technical problems with the warrant.
- Probable Cause/Search Incident to Arrest. When a warrantless arrest is made with probable cause and an immediate search[5] takes place related to that arrest, the evidence can be used against the defendant.
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