The exclusionary rule is a way by which the courts try to
stop the executive branch from taking over the powers residing with the
judiciary.
According to the fourth amendment, the
constitution protects citizens from an illegal search of their premises by policemen. It
can only be done if the express permission of the court in the form of a search warrant
is available.
To make the fourth amendment enforceable and
restrict any acts of deviation by members of the police force, the courts do not allow
the use of any evidence that has been recovered during a search performed without a
search warrant.
Such evidence is to be excluded from use
during the trail. This makes it futile for the police to conduct illegal searches as
even if they recover incriminating evidence, it would serve no
purpose.
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