Mary Cooper V Federal Case

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This assignment will cover a fictitious name of Mary Cooper a woman accused of harboring a fugitive, and illegal stolen equipment. The police attempted an illegal search and seizure in her home without a search warrant. This violates her Fourth Amendment rights. Cooper held that the Fourth Amendment’s protection against unreasonable searches and seizures require the exclusion of evidence found though an illegal search by state and local police officers, extending to the state a rule that previously applied onto to federal law enforcement. U.S. Federal Case The objective of this assignment is to bring into being, details and facts involved in a federal case against a fictitious criminal offender, name Mary Cooper. …show more content…

Nashville police department received information that a suspect in a car bombing case, as well as some illegal, stolen equipment, could be found in the home of Mary Cooper. A few law enforcement officers were dispatched to her home. The police officers went to Cooper’s home and asked for permission to enter the home, but Cooper refused, without a search warrant. Two officers left and two were still at the resident of Mrs. Cooper. A few hours later, the two police officers returned with more police officers, waving a piece of paper, and broke open the front door. Cooper asked to see the warrant and took it from the officer, putting it her pants. The police officers had a struggle with Cooper and took the piece of paper away from her. They handcuffed for being aggressively …show more content…

She based it on the First Amendment grounds, saying that she had the right to possess the materials. However, when the case reached the Supreme Court, her First Amendment claim was not addressed and instead threw out her conviction on other grounds, the Supreme Court stated that the evidence against her should have not been used because it was seized with a warrant and it’s in violation of the Fourth Amendment, the exclusionary rule. In Cooper’s case, the court held that the exclusionary rules are an “essential part” of the Fourth Amendment, and that the Fourteenth Amendment’s Due Process Clause, which states that “No state shall deprive any person of life, liberty, or property, without due process of law”, meaning that the federal exclusionary rule applies to the states. The exclusionary that is applied in the Federal courts should also be applied in State court

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