Reference no: EM131633556

Need help replying to classmates discussion The Fourth Amendment contains no provision expressly precluding the use of evidence obtained in violation of it's command. Thus the exclusionary rule operates as a judicially created remedy designed to safeguard Fourth Amendment rights generally through its deterrent effect. The exclusionary rule may prevent evidence seized in violation of a person's constitutional rights from being admitted into court, and an officer who has violated someone's rights may be sued.

In Weeks v. United States (1914) the Supreme Court ruled that evidence obtained illegally would not be admissible in court in federal prosecutions. In the case of Wolf v. Colorado (1949) the Colorado state court ruled that the exclusionary rule did not apply to the states (specifically) Colorado, so evidence obtained illegally was admissible during this case. It wasn't until Mapp v. Ohio in 1961 where the exclusionary rule was extended and incorporated to all state proceedings. Today the exclusionary rule applies to all states. Under the Fourteenth Amendment it is forbidden to deprive any person of life, liberty, or property without due process of law.