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Advantages Of The Exclusionary Rule

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Recommended: Support of the exclusionary rule

The exclusionary rule was made to protect people 's rights and ensure justice in court but there are exceptions. One exception to the exclusionary rule is inevitable discovery. The law of inevitable discovery states that even if evidence is obtained illegally, it can still be used against someone in court if the evidence was bound to be found one way or another. For example, if the police were searching for a fugitive and broke into someone 's house without a search warrant because they believed the criminal was inside the house, and find the criminal they can still arrest him because sooner or later they would of gotten a warrant to go inside the house they suspected him to be in. If the police have to go inside someone 's home to find an
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899 Words | 4 Pages

This applies to Sam Wardlow’s situation in which evidence was founded illegally without a proper search warrant. Also, the weapon that was found in Sam’s bag does not relate to any prior crime that may connect him to. This is not in anyway, allowed for officer Nolan to have even stopped Mr.Wardlow. Possibly, if Sam was connected to a crime beforehand and if the officers did have a proper search warrant. Then there is no way Sam’s rights were violated.

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Significance: The Supreme Court here expresses that governmental conduct like drug dog sniffing that can reveal whether a substance is contraband, yet no other private fact, does not compromise any privacy interest, and therefore is not a search subject to the Fourth Amendment. Terry v. Ohio permits only brief investigative stops and extremely limited searches based on reasonable suspicion including seizures of property independent of the seizure of the

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475 Words | 2 Pages

The Weeks v United States case was the Supreme Court basis in determining to incorporate the Fourth Amendment into the Fourteenth Amendment due process clause and apply the exclusionary rule in state cases. In this essay, I am going to discuss the reason why the Supreme Court determine that the exclusionary rule should apply to the state police activity. Prior to the case of Weeks v United States, the state police activity “were not limited in their conduct by the Fourth Amendment” (Ingram p.81) and the exclusionary rule of Fourth Amendments illegal search and seizure only applies to federal law enforcement officers. Basically, it means that state law enforcement officials can illegally search and seized criminal activity evidence and court don’t prohibit the use of illegally obtained evidence in the trial court.

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Pp. 5–28. (a) A warrantless search is reasonable only if it falls within a specific exception to the Fourth Amendment’s warrant requirement. See Kentucky v. King, 563 U. S. ___, ___. The well-established exception at issue here applies when a warrantless search is conducted incident to a lawful arrest.

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“The Portion Cap Ruling, commonly known as the soda ban, was to restrict the sale of sugary drinks larger than 16 ounces…” (Dr. Lisa Firestone). The New York City Board of Health exceeded its power limit. Along with the fact that New York City lost its final appeal when the rule was in place. Whereas sugary drinks are a key driver, personal limits make it a key driver of obesity.

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They differ from regular search warrants in that anticipatory warrants depend on a trigger condition, meaning that there must be evidence that the triggering event will take place. A Franks hearing occurs when a police officer knowingly gets a warrant issued under false pretenses. During the hearing, the evidence seized under the warrant can be suppressed through the Exclusionary Rule. Redaction or severability, also known as partial suppression, occurs when a warrant contains clauses that are not constitutionally adequate. Instead of suppressing all evidence seized under these warrants, the courts allow for the suppression only of evidence seized under the clauses that aren't constitutionally sufficient.

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____, 2009 U.S. Lexis 3120 (2009) , used the standards outlined in Katz v. United States, 389 U.S. 347, 357, 88 S. Ct. 507, 19 L. Ed. 2d 576 (1967) which states “searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment – subject only to a few specifically established and well-delineated exceptions.” The court also used Weeks v. United States 232 U.S. 383, 392, 34 S. Ct. 341, 58 L. Ed. 652, T.D. 1964 (1914), which states that a search incident to an arrest is among one of the exceptions to the warrant requirement.

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I do agree with Justice Scalia’s principal argument for not using the exclusionary rule to the knock-and announce violations. I think in some cases that knocking on the suspect door can give them time to prepare themselves and maybe hide evidence. Yes, the rule is set to reduce property damage, but in some cases, officers can get shot if the people inside the house are aware that they are committing crime. For instance, if a person is a drug dealer, he sure knows that its illegal. So, having the officer knocking on his door, he probably won’t open or will open with a gun point out.

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In a court room battle there is another Federal Rule of Evidence that may try to knock a few FRE 403’s out of the way. FRE 404 (b) can sometimes be the golden ticket that can counter hit FRE 403. FRE 404(b) will give a slight loop hole to get that excluded evidence under FRE 403, to be entered into evidence using the rules as found in FRE 404(b). In as much, the FRE 404(b) comes into play when the once excludable evidence may be admitted under this rule labeled as evidence of extrinsic offenses when one side is needing it to prove a point or their case by doing so it would prove, “motive, opportunity, intent preparation, plan, knowledge, identity. In a criminal trial this would be extremely important.

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41. Mapp v. Ohio (1961): The Supreme Court ruling that decided that the fourth amendment’s protection against unreasonable searches and seizures must be extended to the states. If there is no probable cause or search warrant issued legally, the evidence found unconstitutionally will be inadmissible in the courtroom and not even considered when pressing charges. The exclusionary rule, in this case, is a right that will restrict the states and not just the federal government, including the states in more of the federal rights as outlined in the Constitution.

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Ct. App. 1989). Accordingly, the Supreme Court of North Carolina has held that “[d]ecisions under the federal rules are . . . pertinent for guidance and enlightenment in developing the philosophy of the North Carolina rules.” Id. It is well settled in the Fourth Circuit and North Carolina federal courts that “[a] protective order under Rule 26(c) to stay discovery pending determination of a dispositive motion is an appropriate exercise of the court’s discretion.”

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This Parol evidence rule, which has been considered as a common law rule, prevent the parties to the written contract from providing any additional extrinsic evidence, which reveals an ambiguity and refines it, in addition to the terms prescribed in the written contract which appears as complete. The supporting justification to this rule is that since the parties to the contract have signed a final written contract, the extrinsic evidence of the terms and agreements held before should not be taken into consideration while construing the contract, as the contracting parties had already excluded them from the contract. In simple words, one may follow this common law rule to avoid any contradiction with the written contract.

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Rollinson v. State, 743 So. 2d 585 (Fla. App. 4 Dist. 1999) Procedural History The Fifteenth Judicial Circuit Court convicted and sentenced the defendant for crimes he committed pursuant to the Prison Releasee Reoffender Act (PRRA).

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The exclusionary rule is a lawful principle that the United States use, which expresses that the confirmation that was powerfully utilized by the police can 't be utilized in a criminal trial. The motivation behind why this is done it’s for the security of the established rights. In addition, the exclusionary rule states that in the Fifth Amendment no one "should be denied of life, freedom, or property without due procedure of law." The exclusionary rule additionally expresses that in the Fourth Amendment it is intended to shield residents from unlawful pursuits and seizures. It also applies to the infringement of the Sixth Amendment, which ensures the privilege to counsel.

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464 Words | 2 Pages

Writing Assignment 3 Traditionally, intermediate sanctions are designed for offenders who require a correctional opinion that is more punitive and restrictive than routine probation but less severe than imprisonment. Intermediate sanctions are used for a variety of offenders. Persons accused crimes and released into the community, persons convicted of misdemeanors and felonies directly sentenced to an intermediate sanction, and jail inmates. Unlike probation and parole, it is difficult to accurately determine the number of offenders involved in intermediate sanctions or even the number of intermediate sanctions that exist in different areas. Intermediate sanctions are alternate punishments used to monitor offenders who are neither under

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