A Case Study on Police Misconduct in the United States of America and an Applicable Model for the Turkish National Police. Page: 74
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exclusionary rule primarily as a deterrence mechanism, if not solely. The Court adopted
the position that the exclusionary rule was a remedial device rather than a right. However,
not only the Court changes its ruling over the course of time about the legitimacy of the
exclusionary rule, but even particular Justices reversed their decisions. For example, in
Wolf v. Colorado, Justice Black declared the exclusionary rule to be a judicially created
rule of evidence, which Congress might negate, but not a command of the Fourth
Amendment. In Mapp and again in Linkletter, he described exclusion as constitutionally
required by the privilege against self-incrimination. He changed his mind in Kaufman v.
United States (1969:238) and turned to the view that the "one primary and overriding
purpose" of the exclusionary rule was "the deterrence of unconstitutional searches and
seizures by the police" (Dripps, 2001).
The rules of exclusion have evolved through the interpretation of the Fourth
Amendment by the Supreme Court. As Dripps pointed out, the Court one time asserted
that the exclusionary rule was constitutionally mandated [Mapp v. Ohio (1961); Dripps,
2001].
In conclusion, the exclusionary rule issue is not yet settled in the minds of the
Supreme Court. It seems that the future of the exclusionary remedy will be more
controversial, and will consist of more exceptions.
Strengths and Weaknesses of the Exclusionary Rule
Wahlbeck indicates that the law is very dynamic and is applied to new situations
in accordance with the needs of the society. While the Court applies rules, it is bound also74
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Lofca, Izzet. A Case Study on Police Misconduct in the United States of America and an Applicable Model for the Turkish National Police., thesis, August 2002; Denton, Texas. (https://digital.library.unt.edu/ark:/67531/metadc3234/m1/80/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; .