The exclusionary law was designed to protect offenders against unwarranted searches and arrest processes that violate the fourth amendment. This amendment was made to the United States constitution to protect citizens against unreasonable searches and seizure by police officers in the process of collecting evidence. The exclusionary rule thus creates room for the exclusion of any evidence collected in direct violation of the suspect’s rights as outline in the fourth amendment. The establishment of the exclusionary rule was not a parliamentary legislation but a ruling made by the United States supreme court (Weinreb, 2009).
Before the development of this rule, any evidence collected by detectives was considered admissible irrespective of any violation on the offender. A test to this rule occurred in 1914 when a federal agent conducted a warrantless search for any incriminating evidence at the Fremont home. This evidence was forwarded by the federal agent during the trial and contributed to the conviction of Fremont Weeks. However, he appealed this conviction arguing that his rights according to the fourth amendments were violated. When hearing the Weeks v. United States of America, the Supreme Court reversed the conviction decision. In the ruling, the court argued that the fourth amendment made it important for state agent to protect the bill of rights of every citizen (Weinreb, 2009).
The application of the exclusionary rule has however been limited allowing investigators to admit evidence collected in direct contravention of the fourth amendment. The basis for its exclusion has been its legal basis and the fact that is a court created remedy as opposed to a legislation. The Supreme Court set the precedent in allowing exception of the rule in order to prevent any perjury that may arise from disallowing some evidence.
The Miranda warning or right was coined after the Miranda v. Arizona case before the Supreme Court. The Miranda warning required police officers to give due warning to suspects in custody before interrogation as any evidence collected during the process may be admissible before a court of law. This warning was developed to ensure the protection of the rights of the accused in custody according to the fourth amendment. In this case, the police collected evidence from Miranda through interrogation in a dark room that alienated him from the world. They did not however inform him of the extent to which his evidence would be used in a court of law. Knowledge gained from a suspect in custody without giving the Miranda warning may be used by the officer for investigation but is inadmissible before a court of law (Kassin & Norwick, 2004).
The Supreme Court ruling on the Salinas v. Texas case watered down the principles of the Miranda warning and signaled the amendment needs to the provision. In this ruling, a suspect has no right to remain silent unless he or she speaks out first. In the case, the police summoned Salina over a homicide case and she obeyed without any resistance. Out of her cooperation, the police did not read the Miranda warning to her. In a murder trial against her, the police used the evidence from the interrogation with her. She appealed the ruling arguing that the evidence was collected in violation of her Fifth Amendment rights (Kassin & Norwick, 2004). The Supreme Court rejected her appeal and ruled that the evidence was indeed admissible as she was never under arrest. From this ruling, the need to amend the Miranda right has been emphasized. The need to provide quality room for investigators to collect evidence in a free atmosphere requires discriminative amendment to the fifth rule.
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