"There is no war between the Constitution and common sense.
Nothing can destroy a government more quickly than its
failure to observe its own laws." --Supreme Court 1961
"All evidence obtained by searches and seizures in violation of the Constitution is inadmissible." |
Cleveland, Ohio, 1957. Seven policeman, looking for evidence in a recent bombing, break into Dollie Mapp's home. She asks for a search warrant. They put her in handcuffs, rifle through her papers, photos, and bedrooms. All they find are some books they think are obscene. She is arrested and convicted.
In her appeal she argues the search was illegal because there was no warrent, and that anything found in an illegal search cannot be used as evidence. In 1961, the U.S. Supreme Court agrees. They write: "We must close the only courtroom door remaining open to evidence secured by official lawlessness." Justice Tom C. Clark adds: "We hold that all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in court."
It's called the "exclusionary rule." It protects you from illegal invasions of privacy by government.
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AMENDMENT 4 Protection Against Unreasonable Searches and Seizures
Passed by Congress September 25, 1789. Ratified December 15, 1791.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. [^].
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