Essay On The Exclusionary Rule

The words freedom, rights, equality, and liberty are important words to America. These four words emulate what the United States Constitution stand for. The United States Constitution was created to allow every citizen freedom to pursue their goals and dreams, as well as make important decisions regarding the direction of their life. Nearly 300 years later, the United States still tries to follow the laws and rights granted by the Constitution. There are many individuals who abide and uplift the Constitution; however, others chose to neglect what was written in the Constitution. From illegal searches to racial profiling arrest, when do these violations of the Constitution end? According to the Constitution, American citizens have rights that should not to be violated. In other words, under the Fourth Amendment “you have the right not to have yourself, your home, and other personal possessions searched and seized without probable cause (U.S. Const. Amend. IV).”

What gives the Fourth Amendment the right to “search” someone or something? For nearly two centuries, no one could clearly determine this until the 1967 case …show more content…
In the case of Jardines v. Florida, the Exclusionary rule protected Jardines on a technicality ("Fourth Amendment--Trespass Test--Florida v. Jardines," 2013). Jardines was able to prove that Miami-Dade Police and DEA illegally used a sniff-test to determine if marijuana was in his home ("Fourth Amendment -- Trespass Test -- Florida v. Jardines," 2013). Moreover, the judges believed that had Miami-Dade Police and DEA served a warrant and notified Jardines he was being investigated the case could have ended differently ("Fourth Amendment--Trespass Test--Florida v. Jardines," 2013). Conclusively, depending on the severity of the case it determines whether the Amendment rights were violated (Soree,