The Exclusionary Rule originates from which amendment as applied to state and federal courts?

• A. First Amendment
• B. Fourth Amendment
• C. Fifth Amendment
• D. Sixth Amendment

Answer: (B)

The Exclusionary Rule is grounded in the Fourth Amendment’s protection against unreasonable searches and seizures. In federal courts, Weeks v. United States established that illegally obtained evidence cannot be used in prosecutions. To extend this protection to state courts, the Supreme Court incorporated the Fourth Amendment through the Fourteenth Amendment’s Due Process Clause in Mapp v. Ohio. So while the rule applies to both federal and state courts, its constitutional basis is the Fourth Amendment, with states brought in through incorporation. The other amendments cover different rights (speech and religion, protecting against self-incrimination, and the right to counsel), which is why they aren’t the source of this rule.