The Fourth Amendment"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Source: The Constitution
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Exclusionary Rule
There are three major cases involving the Fourth Amendment, some of which have expanded and some of which have restricted Fourth Amendment rights.
The case that restrained the exclusionary rule is Wolf v. Colorado (1948). In this case the Colorado Supreme Court had several convictions that involved evidence obtained illegally. The judges confirmed that the evidence that was gathered would be used in a court of law, since the evidence was use in a state court or a case unrelated to the federal government. This further reinforced the divide between the federal rights and the rights of the states (which had yet to be incorporated).
The case that incorporated the exclusionary rule is Mapp v. Ohio (1960). Dollree Mapp was arrested after a search (that violated the fourth amendment) of her home for a fugitive. The court ruled that any evidence obtained unconstitutionally is not presentable in a court of law. Thus, the Fourth Amendment was incorporated on the state level of government.
The third case, New Jersey v. T.L.O. (1985), involves the Fourth Amendment and was also very controversial for its time. A high school student was caught smoking on school grounds and then had her bag search where drug paraphernalia, marijuana, and drug-sale documentation. She was charged with the possession of drugs and the paraphernalia as a minor. She fought against the search and claimed that it violated her Fourth Amendment right of a reasonable search and seizure (including a warrant). The Supreme Court ruled, however, that the search was reasonable because there was a reasonable suspicion and the defendant was on school grounds, thus, the teen's bag was allowed to be searched.
The case that restrained the exclusionary rule is Wolf v. Colorado (1948). In this case the Colorado Supreme Court had several convictions that involved evidence obtained illegally. The judges confirmed that the evidence that was gathered would be used in a court of law, since the evidence was use in a state court or a case unrelated to the federal government. This further reinforced the divide between the federal rights and the rights of the states (which had yet to be incorporated).
The case that incorporated the exclusionary rule is Mapp v. Ohio (1960). Dollree Mapp was arrested after a search (that violated the fourth amendment) of her home for a fugitive. The court ruled that any evidence obtained unconstitutionally is not presentable in a court of law. Thus, the Fourth Amendment was incorporated on the state level of government.
The third case, New Jersey v. T.L.O. (1985), involves the Fourth Amendment and was also very controversial for its time. A high school student was caught smoking on school grounds and then had her bag search where drug paraphernalia, marijuana, and drug-sale documentation. She was charged with the possession of drugs and the paraphernalia as a minor. She fought against the search and claimed that it violated her Fourth Amendment right of a reasonable search and seizure (including a warrant). The Supreme Court ruled, however, that the search was reasonable because there was a reasonable suspicion and the defendant was on school grounds, thus, the teen's bag was allowed to be searched.
What If?
Could you imagine if the exclusionary rule was not incorporated? This would mean that policemen could walk into your home without any proof of reason or necessity, search for incriminating material, and accuse you of a crime. This is not acceptable, and is why it is necessary that policemen today have warrants or probable cause, and people cannot be accused of random crimes that they may not have committed.