TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 4 P31

Gale Encyclopedia of American Law Volume 4 P31 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | EXCLUSIONARY RULE 289 On appeal by the state of Arizona the . Supreme Court reversed holding that evidence seized in violation of the Fourth Amendment as a result of clerical error need not be excluded from trial. In so holding the Court emphasized that the Fourth Amendment exists only to guard against unreasonable police intrusions. According to the Court The use of the fruits of a past unlawful search or seizure works no new Fourth Amendment wrong Evans quoting Leon quoting United States v. Calandra 414 . 338 94 S. Ct. 613 38 L. Ed. 2d 561 1974 . The good faith exception established in Leon is just one exception that renders the exclusionary rule inoperable. Evidence seized by private parties is not excluded from trial if the search was not at the direction of law enforcement officers. If a criminal defendant testifies in her or his own defense illegally seized evidence may be used to impeach the defendant s testimony. Evidence seized in violation of a person s Fourth Amendment rights may be used in grand jury proceedings and civil proceedings. in a grand jury proceeding however illegally seized evidence may not be used if it was obtained in violation of the federal wire tapping statute 18 . 2510 et seq. . Few legal observers express complete satisfaction with the exclusionary rule. Some commentators criticize the Supreme Court for limiting the scope of the rule with the good faith exception. Others contend that the rule should be abolished because it impedes law enforcement. Some members of Congress have even proposed legislation to abolish the exclusionary rule in federal court. As of 2009 no such legislation had been adopted. The . Supreme Court has continued to look at the application of the exclusionary rule to various types of searches and seizures. in Florida v. White 526 . 559 119 S. Ct. 1555 143 L. Ed. 2d 748 1999 the Court gave police more discretion to search and seize without violating the Fourth Amendment s warrant requirement and

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