We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
The Fourth Amendment's Exclusionary Rule as a Constitutional Right.
- Authors
Clancy, Thomas K.
- Abstract
An essay is presented on the implications of viewing the exclusionary rule as a right under the Fourth Amendment of the U.S. Constitution. According to the author, this view was adopted in the Supreme Court case Weeks v. United States in 1914. He adds that another view of the exclusionary rule maintains that the rule is just a tool to enforce deterrence. He also argues that the exclusionary rule is an individual remedy for the violation of a person's rights under the Fourth Amendment.
- Subjects
UNITED States; EXCLUSIONARY rule (Evidence); CRIMINAL evidence; UNITED States. Constitution. 4th Amendment; CONSTITUTIONAL amendments (United States); HUMAN rights
- Publication
Ohio State Journal of Criminal Law, 2013, Vol 10, Issue 2, p357
- ISSN
1546-7619
- Publication type
Essay