Criminal procedures have very many rules governing its governing procedures. The same applies to exclusionary rule; it has certain anomalies that have to be observed. Sometimes when evidence is obtained when the Miranda rights are violated, it can be used during the trial. When the limitation applies, the assumption made is that the evidence collected is not inadmissible for another given reason (“Exceptions to the Fourth Amendment’s Exclusionary Rule | Justia,” 2020). Nevertheless, it’s critical to understand that the state laws and the state constitution provide a more extensive range of various rights and obligations as compared to the USA Constitution. In some states, the exclusionary rule may apply, unlike other states. The exclusionary rule is defined as a rule that provides admission for the excluding evidence that may be obtained during the arrest procedure when the Miranda rights are violated.
Three standard Exceptions to the Exclusionary Rule
Exception for Tangible Evidence
One of the standard and most essential limitations that apply to the exclusionary rule is an exception for physical evidence. If a police officer can discover the presence of physical evidence that has to be directly based on the statements obtained when Miranda rights were violated, the prosecutor may use the physical proof during the prosecution session. The physical evidence can be used against the defendant during the case trial (“Exceptions to the Fourth Amendment Exclusionary Rule | Justia,” 2020). Exception for tangible evidence is most critical since substantial evidence collected by police during the arrest procedure such as stolen goods and drugs and substances is enough to prove and evidence can be used against the defendant during the case trial. Even if the statements collected cannot be applicable. It has been argued that police tend to violate Miranda rights during the arrest procedure to obtain tangible evidence that can be used against the defendant during his or her trial.
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Public Safety Exception
This is one of the most complex exceptions to the exclusionary rule. Still, very critical, it applies in the scenario when a police officer reasons and believes a situation is hazardous to the public. They first decide to interrogate a criminal or crime suspect regarding the weapon before he or she can issue a Miranda right warming to the victim (“Exceptions to the Fourth Amendment’s Exclusionary Rule | Justia,” 2020). If any weapon the police discover as a result of this suspect interrogation, the questioning may be presented and used as enough evidence and be used against the suspect once they are arrested and tried in court. This exception mostly applies to severe scenarios, like the use of dangerous weapons that may hurt the public, such as the use of firearms. The statement that the police may have obtained and considering the violation of the Miranda rights, which may be admissible, the evidence obtained can be used against the accused victim or defendant during the case hearing and sentencing. A practical example is when a victim confesses to being having used illegal firearms or weapons without them received the Miranda warnings. It may have a direct impact on the penalty to be accorded to the defendant. This, however, is not the initial determination of whether the criminal is guilty or not.
The Exception to Witness testimony
This is another common exception that applies to the exclusionary rules. The rule applies in the scenario when an evidence statement collected during the arrest procedure undermines the Miranda rights; it can be used as enough evidence of impeaching defendants credibility as a witness to a given case during the trial (“Exceptions to the Fourth Amendment’s Exclusionary Rule | Justia,” 2020). This exception applies similarly to the tangible evidence exception where witnesses may be used as evidence to testify against an accused person the defendant during his or her trial.
References
Exceptions to the Fourth Amendment's Exclusionary Rule | Justia. (2020). Retrieved 16 February 2020, from https://www.justia.com/criminal/procedure/miranda-rights/exceptions-to-the-exclusionary-rule/
