The Exclusionary Rule 1914 US

The Exclusionary Rule 1914 US

The Exclusionary Rule 1914 US
Justice Benjamin Cardozo famously got at the heart of the debate over the exclusionary rule: whether “the criminal is to go free because the constable has blundered.” He found the rule inapplicable in the case he was deciding. The Exclusionary Rule 1914 US

“The right of the people to be secure in their bodies, homes, documents, and possessions against arbitrary searches and seizures must not be infringed,” according to the Fourth Amendment to the United States Constitution. More than two centuries later, courts are still debating how to interpret and apply those words.

The question that Judge Benjamin Cardozo posed in his 1926 New York Court of Appeals judgment in People v. Defore remains at the core of the debate: Should the criminal walk free because the policeman made a mistake? In general, courts have said yes, citing the exclusionary rule, which prevents evidence obtained illegally from being used in criminal prosecutions.

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