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Exclusionary rule arguments
Exclusionary rule arguments
An example of the exclusionary rule
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More handpicked essays just for you.
Exclusionary rule arguments
Exclusionary rule arguments
An example of the exclusionary rule
Don’t take our word for it - see why 10 million students trust us with their essay needs.
The following essay will outline the variances of two case” Illinois v. Gates and Spinelli v. United States. It will discuss the Supreme Court requires to establish probable cause for a warrant. Illinois v. Gates In Illinois v. Gates, law enforcement received a letter (that was anonymous) stating that the Gate family was in the drug transporting business, and operating between the states of Florida and Illinois. Upon investigation, law enforcement discovered that Gates had made the purchase of an Air Line ticket, traveling to Florida.
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
Although, the police officers had a search warrant they had it for the wrong unit which placed a family in danger and they raided the wrong unit in the first place but then raided the right one where they find the evidence but because it was found illegally the judge dismissed all of the evidence against Shakeel “Blam” Wiggins because of the Exclusionary Rule. Now the reason the evidence was dismissed was because there was no specific address on the warrant and this means that an officer cannot just search every unit in the multi-family house until they find evidence against the
In Commonwealth v. Newman, 429 PA. 441 (1968), on November 16, 1964, at about 11:30 a.m. four detectives went to appellant 's home with a body warrant for appellant and a search warrant for the premises. The complaint for the search warrant recited that the affiant, Detective John McCrory, deposed that there was probable cause to believe that certain books, papers, and other items used for the purpose of a lottery were in the possession of Henderson Newman at or near 721 West Mary Street. They forcefully entered the appellant 's home without announcement or purpose. The court held that, the forcible entry without announcement of purpose violates the Fourth Amendment. The fruits of an illegal search are inadmissible under Mapp v. Ohio,
custodial interrogations do not need to be recorded to satisfy the due process requirements in the United States. Moreover, there were seven police officers that testified one of which was not even part of their Department so it stands to reason that it is unlikely that seven officers would attempt to circumvent the law. However, it should be noted It is believed that there should be a remedy to the law as the recording of evidence allows for a quicker and more effective examination of the interrogations and better protect the rights of citizens. “An exclusionary rule is a drastic remedy. I believe such a drastic remedy should be applied only after a full hearing of all the policy implications and with adequate notice to law enforcement.
In 1988, California v. Billy Greenwood and Dyanne Van Houten was about a suspecting of selling and using drugs in Mr. Greenwood house a narcotic officer told the man to bring her the trash bag which Greenwood had placed out the street for pick up, but as the officer search the bags she found drug paraphernalia which was used as evidence to convict Mr. Greenwood but the lower court revoked it because she search the trash bag without a warrant and that was a violation of the fourth amendment. but the trash bags was placed on the street were any child or animal can unseal it so he could not argue about his privacy if it was out in the police for anything or any person to expose the content of the bags but the court stated “ the police cannot reasonably be expected to avert their eyes from evidence of criminal activity that could have been observed by any member of the public “ this means
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.
This is a criminal case, in which the Supreme Court ruled that there was no probable cause to arrest Hayes. Hayes did not give consent to be taken to the police station and be detained plus fingerprint. Therefore, Hayed Fourth Amendment rights were violated and the conviction was overturned. Fact of the case: In the 1980’s there was a series of rape and burglary that happened in Punta Gorda Florida.
____, 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.
The police violated Wolf’s rights and since there was no warrant for arrest or warrant to search his office the police was trespassing. The police officer who violated his rights was to be punished by his superiors. The judges decided that using such evidence goes completely against the Fourth Amendment which is a basic need to our freedom. States should follow this law but are not directly forced to. States using evidence that should be excluded in their “statute becomes a form, and its protection an illusion,”(Wolf v Colorado, 1949).
Arizona public-safety exception was established to weaken the constitutional guarantees once afforded to criminal suspects by the cases original ruling (Belson, 1985). Moreover, in the case of New York v. Quarles, the Supreme Court stated that a police officer’s concern for public safety can justify a failure to give Miranda warnings. This in turn allowed law enforcement to engage in unwarned interrogations, while the government is allowed to introduce the statements as direct evidence. However, the public safety exception only applied in situations where there is an immediate threat to the general public. A common example could be when a suspect is hiding a weapon in public place.
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.
The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.
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.
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.