The exclusionary rule is not applicable in all Fourth Amendment proceedings. There are eight situations or types of proceedings in which the rule does not apply, according to court decisions. The following are the eight situations or proceedings where the exclusionary rule does not apply:
Police violations of the knock-and-announce rule
In searches by private persons
Grand jury investigations
Sentencing
Arrests based on probable cause that violate state law
Violations of agency rules
Noncriminal proceedings
Parole revocation hearings
For this writing assignment, you will need to search out a case online to which the situation is applicable. You will briefly describe the case and then explain why one of these exceptions would apply.
Your answer to this Writing Assignment needs to be written in WORD with a 10 to 12 point font size, one-inch margins, and should be between 1 and 2 pages in length (it has to be at least one full page in length).
In order to receive full credit, your answer has to include all of the following:
- A brief description of the case.
- An explanation, in your own words of why the exception to the exclusionary rule should apply.
- An explanation of the outcome or decision made and whether it was in line with what you believe should have happened.
- A citation of your source of information about the case. Since you are being asked to find an online source, please include the complete URL.
