Exclusionary Rule, its Exceptions, and the Standing Rule Law Essay (Essay Sample)

Exclusionary Rule, its Exceptions, and the Standing Rule
Name:
Institution:
Exclusionary Rule, its Exceptions, and the Standing Rule
Genesis of Exclusionary Rule
The Constitution in its Fourth Amendment declares a right of a citizen to be free from unreasonable seizures and searches (Thaman, 2013). However, the Fourth Amendment is silent on offering concrete terms through which this right is eventually guaranteed to citizens. This absence of an explicit form of effecting this right resulted to suggestions over time by relevant bodies mandated to enforce this law, with the Supreme Court voicing its opinion, though with dissent, on a probable method that would protect this right (Clancy, 2014). Even without the ruling by the Supreme Court on enforcing of the exclusionary rule, there are other alternatives that could enforce the spirit of the Fourth Amendment. For instance, it could be made law that any illegal seizure and search by officers is criminal and officers found culpable can face prosecution in a court of law (May, 2008). The issue with this alternative is that there have been rare occasions where police officers have had to answer before a court of law on illegal searches and seizures. The most common route that such officers are made to take responsibility for their actions is through disciplinary boards set up in different police divisions (Tsesis, 2010). There has also been instances where the afflicted by failure to adhere to this inherent right in the constitution have sought to initiate tort action against officers.