Exclusionary rule and the fruit of the poisonus tree Essay

Exclusionary rule and the fruit of the poisonus tree - Essay ExampleSuch il effectively obtained evidence was henceforth banned form use of goods and services in Federal courts. Justice William Day wrote the unanimous opinion, saying that the Fourth Amendment basically embodies the old English common law principle that a publics home is his castle, and that it was intended to forever secure the people, their persons, houses papers, and effects, against all unreasonable searches and seizures under the guise of law.2Justice Day continued with what whitethorn be one of the most damning indictments of illegal police conduct as he argued that the tendency of those who execute the criminal laws of the country to obtain convictions by means of unlawful searches or enforced confessions . . . should find no sanction in the judgment of the courts which are charged at all times with the run on of the Constitution and to which people of all conditions have a right to appeal for the maintenan ce of such fundamental rights.3 The vital element of this argument is that fair because the police and prosecutors had routinely performed illegal searches and pressured (some would say tortured) suspects into giving confessions, the mere fact that the illegality was widespread and of long duration provided no defense. Interestingly, Days argument was essentially the opposite of William Rehnquists argument for keeping the Miranda rights. Renquist argued that while the constitution may not guarantee or require such rights, the fact hat they had change state part of the overall fabric of the legal system in particular and of American society in general they had become an essential fabric of the legal landscape.4While the actual reasoning behind the exclusionary rule may be somewhat hazy at times, especially in these early cases when it was being initially being developed, and before its progeny had fleshed out the whole, its institution seems to have been catalysed by a view of