The evidence is seized illegally in a physical manner but, there is also a non-physical seizure of evidence that wasn't illegal. The third and final exception is by Good Faith, which was added as a result of U.S. V. Leon and Mass. V. Sheppard this is described as there being a mistake by a warrant received from a magistrate however "unknowingly- the officer acts on the warrant and seizes the evidence.
As the Exclusionary Rule exists today it is a major fault in the United States Judicial system. The Exclusionary Rule is attacked on an occasional basis by the United States Congress. The Exclusionary rule should be dealt away with due to its wide misuse and ever-growing loophole for offenders and their attorneys to abuse. As Max Boot points out consider some cases in New York:.
Four state appellate judges upheld a family court judge's ruling that a loaded .45 caliber semi-automatic pistol confiscated by a security guard from a 15-year old student -- when he clearly saw the outline of the gun through a coat -- was improperly seized and, thus, could not be considered as evidence.
A human corpse in the trunk of a car could not be used as evidence, according to an appeals court decision, even though the motorist had given permission to two state troopers to search the car -- because the state troopers might have appeared intimidating to the driver.
A district court judge threw out a case against a convicted felon whom police found driving a taxi and toting a gun -- because the officers "had no probable cause or reasonable suspicion to stop the taxicab,"" since they "were not able to stop all such cabs."".
Ignored by the judges in the last case was the fact that the officers were part of a task force conducting safety checks on cabs in crime-prone areas. This program has been credited with cutting crimes against taxi drivers by two-thirds since 1993 (n. pag.). The supposed justification for this rule was to stop "crooked- cops from solving their cases by arresting the wrong person, however it slows the process for police officers allowing time for subjects to get away and also allowing defense attorneys to question the methods and means of our police forces across the US.