The Intruders: Unreasonable Searches and Seizures from King John to John Ashcroft

By Samuel Dash | Go to book overview

CHAPTER 5
The Exclusionary Rule

The effect of the 4th Amendment is to put the courts of the United States and Federal
officials, in the exercise of their power and authority, under limitations and restraints as
to the exercise of such power and authority, and to forever secure the people against all
unreasonable searches and seizures under guise of law… and the duty of giving [this
protection] force and effect is obligatory upon all entrusted under our Federal system
with the enforcement of the law
.

Justice William R. Day in Weeks v. United States, 32 U.S. 383
(1914)

Lord Camden’s ruling in the Wilkes set of cases and Justice Bradley’s ruling in Boyd were hailed, and still are hailed today, as great victories for the freedom of the individual. What kind of victories were theyľ Both Wilkes and Boyd were convicted of crimes and sentenced to prison on the basis of the same evidence Camden and Bradley condemned as unlawful and obtained by the government in violation of one of the most sacred rights of the individual. The only remedy they received for the government’s illegality was money damages in Wilkes’s case and the return of property in Boyd’s case.

Why did not Lord Camden or Justice Bradley consider the remedy of excluding the illegally obtained evidence in the criminal case, and thus prevent a conviction? Wouldn’t such a ruling teach the government agents the lesson that they will not be permitted to benefit from their own illegal conduct? Why did neither Wilkes nor Boyd even raise this

-57-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Intruders: Unreasonable Searches and Seizures from King John to John Ashcroft
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Contents viii
  • Acknowledgments ix
  • Prologue 1
  • Chapter 1 - The Legend of the Magna Carta 11
  • Chapter 2 - Wilkes and Liberty 26
  • Chapter 3 - A Flame of Fire 36
  • Chapter 4 - The Plate-Glass Duty Fraud Case 46
  • Chapter 5 - The Exclusionary Rule 57
  • Chapter 6 - The Case of the [Whispering Wires] 72
  • Chapter 7 - Dolly Mapp 93
  • Chapter 8 - Smothering the Flame 105
  • Chapter 9 - War on Terror: Security and Liberty 132
  • Notes 153
  • Index 165
  • About the Author 173
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 174

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.