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Senators Letter Essay

1202 words - 5 pages

Congress of the United States,

There is a specific issue I would like to address, and that is the Exclusionary Rule. I am most certain that you are familiar with the Exclusionary Rule, and its meaning. The Exclusionary Rule is grounded by the Fourth Amendment, and its intentions are to protect citizens from illegal search and seizures. I am most definitely for this rule. I am a firm believer in our constitutional rights, and if it were not for the Exclusionary Rule, a lot of citizens that were charged with a crime after they were illegally searched will be found guilty, convicted, and then sentenced even though the evidence that was presented against them was gathered illegally. That ...view middle of the document...

They then handcuffed her. The paper was not a legally document for the search of her going through everything, even her photo albums. They found no illegal gambling equipment, nor did they find the bombing suspect that was supposedly housed at that location. What they did find was some obscene materials that were illegal to have under Ohio’s obscenity law. Therefore, she was charged with violating that law, and was convicted and sent to prison. She appealed her case, and her argument was that Ohio’s state obscenity law violated her right to freedom of thought under the First Amendment. The court rejected her appeal, so she then evidence found during an illegal search without a warrant. By the court relying on Wolf vs. Colorado 1949 the Ohio Supreme Court rejected this argument, and affirmed her conviction. Mapp went to the U.S. Supreme Court then. The court therefore ignored the violation of her First Amendment right, and concentrated on the illegal search and seizure. The court decided to overrule “Wolf”, and apply the Exclusionary Rule to the states. The U.S. Supreme Court emphasized that the Fourth Amendment was designed to protect the privacy for Americans in their homes. Without the Exclusionary Rule, state police are encouraged to invade privacy with illegal search and seizures. It also encourages federal law enforcement to violate the Fourth Amendment and then give the illegal evidence to the states. Clark (member of U.S. Supreme Court) said the Exclusionary Rule not only protects privacy, but also fosters respect for the law. "Nothing can destroy a government more quickly than its failure to observe its own laws. . . . If the Government becomes a lawbreaker, it breeds contempt [disrespect] for the law; it invites every man to become a law unto himself; it invites anarchy." Now, there are times when the Fourth Amendment will not protect you. Example: In January 1919 the United States adopted the Eighteenth Amendment to the U.S. Constitution. The Eighteenth Amendment made it illegal to manufacture, sell, and transport alcohol in the United States. Because many Americans still wanted to drink alcohol, gangs of organized criminals entered the liquor trade. They made their own alcohol for sale in the United States and smuggled alcohol in from other countries.
Under the Volstead Act, Congress gave federal law enforcement the power to seize vehicles and arrest persons illegally transporting alcohol. Fred Cronenwett was a federal law enforcement officer. On September 29, 1921, Cronenwett went undercover to an apartment in Grand Rapids, Michigan. There he met John Carroll, who took Cronenwett's...

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