The Evolution and Impact of the Exclusionary Rule

Abstract

The exclusionary rule of the Fourth Amendment is a constitutional rule of evidence which excludes, or renders inadmissible in a criminal proceeding, evidence which has been illegally seized by law enforcement officers, federal or state. The rule has had great impact on many areas, particularly in Constitutional interpretation. It is the subject of a great deal of controversy. The most vital aspect of this controversy is the question of constitutionality. Exclusion has been closely tied to the protection of Fourth Amendment rights for almost six hundred years. This fact tends to present a constitutional nexus between the concept of exclusion and traditional Fourth Amendment rights. The broad scope of the rule and the Fourth Amendment, as interpreted and delineated by the Warren Court, appears to be in accord with the intent of the Framers.