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AP U.S. Government 3.4 Civil Rights and Liberties 170 Views


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AP U.S. Government 3.4 Civil Rights and Liberties. The exclusionary rule...what?


Transcript

00:00

Thank you We sneak and here's your shmoop too sure

00:05

brought to you by the exclusionary rule the legal foundation

00:09

for mean girls All right the exclusionary rule What and

00:13

hear the potential answers All right here we go We

00:18

can't imagine the police waltzing into our house looking through

00:22

all our stuff and then telling us that they wanted

00:25

to spend the night Although that's pretty much what happened

00:27

to american colonists before the revolutionary war Since british soldiers

00:32

did whatever they wanted in the name of well doing

00:35

whatever they wanted those kinds of abuses inspired the founding

00:38

fathers to create the third amendment which restricts the quartering

00:42

of soldiers in private homes and the fourth amendment which

00:46

protects us from unreasonable searches and seizures All right well

00:50

let's See how the exclusionary rule is included in this

00:53

process was the exclusionary rule one established in planned parenthood

00:58

v casey Well planned parenthood v casey was a nineteen

01:01

ninety two supreme court case It upheld the constitutional right

01:04

to abortion that would allowed states to introduce requirements like

01:07

parental notification so long as they didn't pose an undue

01:11

burden on women That's one for all and all against

01:15

four and one cross him out All right Did the

01:18

exclusionary rule to state that the police are not allowed

01:21

to search glove compartments or trunks without probable cause Or

01:26

the driver's consent Well It's true that police don't need

01:29

a warrant on ly probable cause to search our car

01:32

for pulled over But that's from carol v united states

01:35

not the exclusionary rule so we can remove two from

01:38

the driver's seat as well But the exclusionary rule three

01:42

state that evidence obtained illegally may not be used in

01:45

court Well there it is theo Exclusionary rule prohibits the

01:49

state from using any evidence that comes from an illegal

01:52

search even if the evidence is super incriminating So if

01:56

the police are snooping around without a warrant and stumble

01:59

upon a treasure trove of of endangered species that smuggler

02:02

can smugly have his charges dismissed which makes see the

02:06

right answer Eventually the supreme court ruled that evidence obtained

02:09

through good faith searches was admissible in court meaning that

02:14

if an officer's search was technically illegal but was believed

02:18

to be legal at the time well then they could

02:20

still use the evidence at trial In other words they'll 00:02:23.55 --> [endTime] believe it when they seize it

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