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Support of the exclusionary rule
Exclusionary rule abstract
Exclusionary rule abstract
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In the federal and State courts, evidence illegally obtained by law-enforcement officers cannot be acknowledged in a criminal court for prosecution, should the accused objects to its admission (Paulsen 1963). In my humble opinion, the exclusionary rule should be applied to any evidence or person obtained illegally. As a police officer, we must respect all the laws of evidence whether we like them or not.
The Supreme Court has said that being kidnapped has no bearing on the proceeding of a criminal trial, although an exception may exist if the conduct of the government should outrage, shock or be a gross invasion of the defendant’s constitutional right, the defendant may be set free Hall, Daniel E. (2014).
Our courts ruled that a forcible
Legal issues: Whether the defendant is liable or not for restricting the plaintiff’s freedom to contact attorney or family under “false imprisonment?” In addition, as per “assault and battery tort law,” Is it legal for the defendant to treat the plaintiff without her consent? And, does the defendant’s act was unprofessional with the plaintiff under
...hould have gone to prison for the evidence that they found. And this should stand as a reminder for future police officers that they need to follow all the rules set forth by the 4th amendment and stop this from happening again. Just to save some paperwork the police officers cost them to lose this case and someone who should be in prison is free to do this again.
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 ,
Facts: The Fourth Amendment prohibits unreasonable searches and seizures and states that an officer to have both probable cause and a search warrant in order to search a person or their property. There are several exceptions to this requirement. One exception to this is when an officer makes an arrest; the officer can search an arrestee and the area within his immediate control without first obtaining a search warrant. This case brings forth the extent of an officer’s power in searching an arrestee’s vehicle after he has been arrested and placed in the back of a patrol car. On August 25, 1999, the police responded to an anonymous tip of drug activity at a particular residence. When they arrived on scene, Rodney Gant answered the door and identified himself. He told police that the owner of the house was not home but was coming back later that evening. Police later discovered that Rodney Gant had a warrant for his arrest for driving with a suspended license. The officers came back to the home later that evening and arrested two individuals. After both individuals were handcuffed and placed in the back of patrol cars, Gant pulled up at the house driving a vehicle. When he stepped out of his car, he was arrested for driving with a suspended license. After Gant was handcuffed and placed in the back of a third patrol car, officers proceeded to search Gant’s car. During their search they found a gun in the car and a bag of cocaine in a jacket pocket laying on the backseat of the car Gant was driving. Gant was charged with possession of the cocaine. He fought to have the evidence found in his car suppressed at trial because, he claimed, the search of his car had been unreasonable. Gant’s motion was denied and Gant was convicted...
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
...hed the car in places where contraband would not normally be found, but it had no relation to the discovery of the cocaine. The weapons found at the ranch are admissible due to the fact the agents had a warrant to search the ranch for drugs and weapons. The Lamborghini is not admissible due to the fact it was not covered by the warrant and the VID# was not in plain sight of the Agent doing the search. The statement made about trying to find Snow White would not be admissible in court because Agent Smith arrested Doe and started asking him questions about Doe's crime before Doe was read his Miranda Rights. Lastly, the statement Doe made about his supplier would be admissible in court because Doe was read his Miranda Rights and acknowledged his understanding of the rights and made a voluntary confession afterwards with no coercion on the part of the Agents involved.
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
One controversial aspect of the Fourth Amendment is of how courts should seize evidence obtained illegally. The rights guaranteed by the Fourth Amendment in the Bill of Rights states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” However, it does not explain clearly what an unreasonable search or seizure is and in what cases a police officer should take caution when searching or seizing a suspect. As cases arose in which defendants brought these questions into court, the Supreme Court decided it would need to establish rules which the federal government would implement so that the government doesn’t abuse/overlook the people’s rights in due process. The controversial issue from the Fourth Amendment, which some may regard as implied, but others may regard having a broader meaning, comes from the Exclusionary rule. The Exclusionary Rule was created by the Supreme Court and says that “evidence obtained in violation of the Fourth Amendment’s protection against unreasonable search and seizure could not be used against a person in federal court” (Great American Court Cases 360). The Exclusionary rule is considered just because it protects the people’s constitutional rights from being violated and provides a check on the power of law enforcement and state courts.
Was the intrusion based on a lawful objective, such as a valid arrest, detention, search, frisk, community warden guardian of mentally ill, defense of an officer or a citizen, or to prevent escape? If these answer yes then an officer may have legal ability to use the levels of force listed below to apprehend the suspect. Another list of things to consider when determining if it was a lawful use of force is; was the use of force relative to the person’s confrontation? Was there a crucial need to terminate the condition? Even though there is no duty to retreat, could the officer have used lesser force and still safely accomplish the lawful objective? These are the questions that the jury need to answer to determine if they should side with or against the officer in any court case brought to them that deals with such a controversial topic as this.
The United States Supreme Court assists law enforcement by ignoring the fourteenth Amendment against unreasonable searches and seizures. If the police thinks a person
However, based on the evidence that was retained, Weeks was found guilty, and subsequently sent to prison. This direct violation of his rights is appalling. His attorney appealed the case to the US Supreme Court, arguing that if some of Weeks ' belongings were taken illegally then all of it was taken illegally. The Idea behind the exclusionary rule is leading up to the fact that if one piece of evidence was taken illegally because the federal agents failed to obtain a warrant would be comparable to the case Mapp v Ohio. The Court agreed on the appeal and overturned Weeks ' conviction. This famous case paved the way for exclusionary rule.
How the exclusionary rule comes into play with search and seizure is that is helps courts to exclude evidence from a trial upon proof of evidence. Requirements for a search warrant must be supported by a sworn and have a statement made by law enforcement and must appear before a neutral judge.
Persons found guilty of committing the crime of kidnapping risk being imprisoned or heavily find. Additionally, during a kidnap some other offense might occur such as assault and battery. False Imprisonment and Kidnapping are comparative terms but unmistakable as per their legal definitions. While both include persuasively taking an individual away without his consent, false imprisonment is more correctly used in particular cases where a person is confined in a bounded place and denied his or her freedom. Kidnapping is a broader term and includes the unlawful taking of an individual without his consent using threats, deceit, or force with an end goal of confining him or her (Robbins, 2014).
others based on much of the information presented in these police reports. Officers should not