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Fourth amendment analysis
Fourth amendment analysis
Legal considerations with the 4th amendment
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This paper will discuss the aspects of the forth amendment rights in relation to the exclusionary rule, exceptions and holding. The facts on deterrence in court and evaluating the ins and outs of the exclusionary rule what is acceptable and admissible and inadmissible in the United States courts and Supreme Court. This paper will exhibit the constitutional and unconstitutional rights and laws. The future goals of the exclusionary rule and instruction of ethical and unethical choices by officers in relation to law enforcement. Introduction All evidence found within illegal standing and evidence that is illegally found by police without a search warrant, are inadmissible in court any illegal search done by officers …show more content…
(Legal dictionary, 2015). Exceptions to the Exclusionary Rule. “ Good faith exception – this exception allowing evidence obtained by law enforcement or police officers who rely on a search warrant they believe to be valid to be admitted at a trial. “ (Exclusionary rule, 2015) “ Attenuation Doctrine – an exception permitting evidence improperly obtained to be admitted at trial if the connection between the evidence and the illegal means by which it was obtained is very remote “. (Exclusionary Rule, 2015) The next exception of the exclusionary rule is the “ Independent Source Doctrine, this is an exception permitting evidence obtained illegally too be admitted at trial if the evidence was later obtained by an independent person through legal activities. (Exclusionary Rule, 2015). Inevitable Discovery Rule is an exception permitting improperly obtained evidence to be admitted when it is apparent that the evidence would have eventually been discovered through legal means “ (Exclusionary Rule, 2015). All of these are exceptions of the Exclusionary Rule. An example of when the exclusionary Rule was a landmark case of Arizona v. Gant 556, U.S.
Under the California Penal Code, officers are granted permission to search Johnson under the conditions of his probation. While acting upon this, they discovered multiple areas of the house in which controlled substances were hidden. Officers argued that by searching Johnson without a warrant, they prevented the potential destruction of evidence.
Also another fact one of the justices, Justice O’Connor disagreed with the outcome of the case. She said it was called a, “Cursory Inspection” she went on saying the officers could do the search based on reasonable suspicion that the object was evidence of a criminal activity.
Defenders of the Miranda decision say that fewer crimes solved are for a good reason. They believe that law enforcement officers were forced to stop coercive questioning techniques that are unconstitutional. Over the years, the Supreme Court has watered down its stance in saying that the Miranda rules are not constitutional obligations, but rather “prophylactic” safeguards intended to insure that officers do not force a confession from a suspect. The need for both effective law enforcement as well as protection of society dictates the need for potential alternatives to the limitations of Miranda that would simultaneously protect the interest of society in effective law enforcement while at the same time providing protection to suspects against unconstitutional force (www.ncpa.org).
Hicks is like the search of Justin Meyers home conducted by police in the fictional case in the text book. In both searches police were in the defendant’s homes and were searching for specific items, and during that search items were found that implicated the defendants in other crimes. There are several differences between the two cases. First, the severity of the crimes. Hicks’s case involved the theft of stereo equipment, while Myers case involved murder. Second, the search of Hicks home did not include a search warrant, and in Meyers case the police did have a search warrant. In Myers case, police had a lawful search warrant to search for drugs and drug paraphernalia. During that search police located a bloody rag, which was sent for testing. The results of this test revealed the blood belonged to a murder victim, implicating Myers for suspicion of murder. Although the police did have a search warrant, the warrant only listed drugs, and paraphernalia. This arises several questions. First where was the bloody rag found? Second, did the police have probable cause that Meyers was under suspicion of murder? Or was it simply a case of reasonable suspicion? In my opinion the results of the tests performed on the bloody rag found in Meyers case should not be admissible since Myers was not under suspicion of murder, and the bloody rag was not included in the lawful search warrant. The search is not considered legal, and not covered under the plain site doctrine. Myer’s fourth amendment protection against illegal search and seizure was violated by testing the bloody
The concurring opinion was given by Justice Blackmun. He agreed with the majority opinion that the exclusionary rule is valid as long as the officer and magistrate act in ?good faith?, but he wanted to stress that it is not a rule to take lightly, that it may change with how cases such as this are handled in the future. (United States v. Leon ,
Adair v. U.S. and Coppage v. Kansas became two defining cases in the Lochner era, a period defined after the Supreme Court’s decision in Lochner v New York, where the court adopted a broad understanding of the due process clause of the Fifth and Fourteenth Amendment. In these cases the court used the substantive due process principle to determine whether a state statute or state’s policing power violated an individual’s freedom of contract. To gain a better understanding of the court’s reasoning it is essential to understand what they disregarded and how the rulings relate to the rulings in Plessy v. Ferguson, Lochner v. New York and Muller v. Oregon.
On September 4, 1958, Dollree Mapp’s was convicted in the Cuyahoga County Ohio Court of Common Pleas (Mapp v. Ohio - 367 U.S. 643 (1961)). On March 29, 1961, Dollree Mapp v. Ohio was brought before the Supreme Court of the United States after an incident with local Ohio law enforcement and a search of Dollree Mapp 's home (Mapp v. Ohio 367 U.S. 643 (1961)). In the Bill of Rights, the Fourth Amendment protects and prohibits all persons from unreasonable searches and seizures. However, can evidence obtained through a search that was in violation of a person’s Fourth Amendment rights still be admitted in a state criminal proceeding? This is the issue that will be thoroughly examined in the landmark case of Dollree Mapp v. the State of Ohio (henceforth
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. A warrant, a legal paper authorizing a search, cannot be issued unless there is a reasonable cause. Courts have rules that a warrant is not required in every case. In emergencies such as hot pursuit, public safety, danger of loss of evidence, and permission of the suspect, police officers do not need a warrant to search a person’s property (Background Essay). In the case of DLK, federal agents believed DLK was growing marijuana in his home. Artificial heat intensive lights are used to grow the marijuana indoors (Doc B). Agents scanned DLK’s home with a thermal imager. Based on the scan and other information, a judge issued
A search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present. Such a search or seizure is unconstitutional under the Fourth Amendment, and evidence obtained from the unlawful search may not be introduced in court.
The amendment involved in this case was the Fourth Amendment due to the protection of unreasonable search
The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine.
From a trial strategy point of view, you always start with the piece(s) of evidence you believe are most damaging to the client's case and work backwards looking for an exploitable flaw in the search and seizure procedure that would make that or those item(s) inadmissible. The further back in the series of events you can argue a fatal flaw, the more likely that the evidence and any additional materials which flowed from that particular item of evidence will be excluded. This is the practical analysis of all the times we see or hear of law enforcement arguing that there was some technical item which drew their attention and suspicion and justifies their hunch that criminal activity is afoot.
The Fourth Amendment of the U.S Constitution provides protection to the people against unreasonable searches and seizures. The exclusionary rule was a judicial precedence that made evidence obtained in violation of the US Constitution inadmissible in federal, state and local courts. Its primary focus being to discourage illegal or inappropriate law enforcement investigation practices. This ruling applies not only to evidence obtained directly from an illegal search or seizure, but also branches out to cover evidence indirectly obtained known as fruit of the poisonous tree. The fruit of the poisonous tree doctrine also referred to as the derivative evidence rule, prohibits submission of evidence that has been legally acquired through the
Thomson Reuters. (2013). The Fourth Amendment and the “Exclusionary Rule”. Retrieved December 1, 2013, from http://criminal.findlaw.com/criminal-rights/the-fourth-amendment-and-the-exclusionary-rule.html
Collateral use, is illegally obtained evidence is admissible in all no trial, Cross examination, the prosecution can use illegally obtained evidence to impeach defense, Attenuation of the taint of unconstitutional conduct, states that tainted evidence, Inevitable discovery is tainted evidence admissible if police law breaking produced the evidence and finally, good faith exception. Where State agents acting in good faith honestly believed they were complying with the Fourth Amendment.