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riley.hively riley.hively
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6 years ago
Is the Fourth Amendment exclusionary rule weaker or stronger today compared to the periods of the Weeks and Mapp decisions? Why has this occurred? Do you think this is a good or bad trend? Explain your position and provide examples.
 
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6 years ago
The Fourth Amendment exclusionary rule is weaker today compared to the period of
the Mapp decision, but stronger than the period of the Weeks decision. Weeks dealt
only with federal prosecutions. Today's rule applies to all prosecutions. Mapp was
a clear statement of the rule that placed the burden on police. Since Mapp
exceptions have been announced that bring some real application to play in applying
the rule. For example, the good faith exception makes evidence admissible, even
though the rules were violated, as long as the law enforcement officers were acting
in a good faith effort to uphold constitutional rights. I think this is a good trend.
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