A Case Study on Police Misconduct in the United States of America and an Applicable Model for the Turkish National Police. Page: 68
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Amendment rights of suspects. As Justice Potter Stewart stated, the exclusionary rule was
like roller coaster that was constructed imperfectly while it was speeding on its way
(Steward, 1983).
Table 4 (see page 69) shows the important landmark cases regarding the
exclusionary rule. In the case of Boyd v. United States (1886:616), the US Supreme
Court first ordered the exclusion of evidence. Interestingly, Boyd was not a criminal trial.
It was an asset forfeiture proceeding against two businessmen who had violated federal
import and customs revenue laws. The appeal Boyd's lawyers raised did not challenge
the search and seizure procedures used by the government. Rather, they challenged, on
the grounds of the Fifth Amendment, whether a man's papers, which he was compelled to
produce, could be used against him. The Court held that the compulsory production of
papers constituted an unreasonable search and seizure, and that the act of the United
States Marshall violated Boyd's the Fourth and Fifth Amendment rights. The court held
that the Fourth and Fifth Amendments are intimately related. In essence, the US
Marshall's actions compelled Boyd to witness against himself, a Fifth Amendment
violation. The 1874 Customs Revenue Act, which mandated the compulsory production
of papers, violated the Constitution by requiring an unreasonable search and seizure
conflicted directly with the Fourth Amendment (Schlesinger, 1977; Landynski, 1966).
In Weeks v. United States (1914:383) the court's decision revolved solely around
the Fourth Amendment. Police conducted a warrantless search Week's home and seized
letters, subsequently turning these letters over to a US Marshall. The Supreme Court held68
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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/m1/74/: accessed March 29, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; .