Exclusionary rule exists to protect the rights of citizens to due process when accused or suspected of criminal activities. There are therefore certain constitutional specifications according to which incriminating information can be seized. Without Continue Reading...
Exclusionary Rule excludes tainted evidence from some criminal proceedings, the rationale being protection of 4th, 5th and 6th Amendment rights by control of law enforcement behavior. However, there are a number of exceptions to the Rule for various Continue Reading...
The U.S., however, is the only industrial democracy, common law or otherwise, in which courts must throw out tainted evidence in criminal trials. The U.S. Supreme Court decisions establishing and expanding on this principle have collectively come to Continue Reading...
For example, one provision of the Patriot Act "permitted law enforcement to obtain access to tapping stored voicemails by obtaining a basic search warrant rather than a surveillance warrant," even though "obtaining the former requires a much lower e Continue Reading...
The rights given under Fourth amendment are very clear and the search warrants that are issued have to clearly state the reasons for the search being conducted. The reasons must be clear, express and concise. There can be no fishing exercise. If the Continue Reading...
The Court cited language from Boyd in support of its proposition. The Boyd Court had held that the Fourth and Fifth Amendments "apply to all invasions on the part of the government and its employees of the sanctity of a man's home and the privacies Continue Reading...
The foundation of these limits is the need to protect the privacy of the individual and control police behaviors. Conclusion: In the three cases, the application of the provisions of the Fourth Amendment could have been helpful in ensuring that th Continue Reading...
Exclusionary Rule and a Possible Alternative Under the exclusionary rule, as created by United States Supreme Court legal precedent, "illegally obtained evidence has been inadmissible in federal criminal courts since 1914." From the onset of its co Continue Reading...
According to Dripps (2001), "Few debates in American law are as sustained, or as bitter, as the debate over the exclusionary rule. Critics have attacked the exclusion of unconstitutionally obtained evidence for compromising the pursuit of truth in a Continue Reading...
Supreme Court Bill of Rights Case Terry v. Ohio introduce the Terry frisk into police procedure, allowing officers to have the right to stop and frisk or do a surface search of individuals on the street even without probable cause. All the officer w Continue Reading...
Exclusionary Rule The Future of the Exclusionary Rule The first 10 amendments to the U.S. Constitution, otherwise known as the Bill of Rights, were designed to protect citizens against abusive state power. These protections include preventing the g Continue Reading...
If Harry had been stopped at a sobriety checkpoint, the outcome of his case would be dramatically different. The Supreme Court has determined that sobriety checkpoints are legal, as long as they are conducted in a neutral manner. Stopping all appro Continue Reading...
The nature of the crime the defendant is accused of will also determine the amount of bail. A relatively minor offense will garner a lower sum of money than a serious crime like murder. Q4. State and explain the two (2) types of immunity that might Continue Reading...
Corruption exists within all aspects of government, and has since early civilization. While many steps have been taken to prevent such corruption in other areas of the world, the United States has recently introduced legislation that has the potentia Continue Reading...
From my knowledge in taking this course thus far as well as with my knowledge of being certified as a police officer, my position for how Dripps model would work is that it would not work. From reviewing and researching his model, I believe his model Continue Reading...
Exclusionary Rule prevents the admission of evidence that was gathered in an unconstitutional way as specified by the Fourth Amendment of the Constitution, which covers the parameters of searches and seizures. In fact, officers of the law who conduc Continue Reading...
Contingency Exclusionary Rule LAW AND JUSTICE Contingent Exclusionary Rule Dripps' Model in the Real World The Fourth Amendment of the American Constitution protects the individual from illegal searches and seizures by law enforcers (Dripps, 2001 Continue Reading...
TX Innocence Project The problem with scientific evidence There is an upsurge in the scientific means of conducting investigations into issues, and the use of the latest technologies that are geared towards making things easier when it comes to unr Continue Reading...
Fourth Amendment For all Americans, the Fourth Amendment is an essential element of the U.S. Constitution that protects everyone's rights. This has influenced the way that the criminal justice system is interacting with defendants and the tactics th Continue Reading...
Rule: Any out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible as hearsay. (801-802) However, hearsay may be admitted, in a prosecution for homicide or in a civil case, if the declarant, while believing Continue Reading...
Administrative Search Exception Administrative Search Exemption Administrative search exception: Why it applies to airport searches The 'administrative search exception' has often been called the TSA's attempt to circumvent the Fourth Amendment. H Continue Reading...
Criminal Procedure Chief Justice Earl Warren had a political background, unlike his counterpart Justice William. He is one of the chief justices in the U.S. who had a significant influence on the criminal procedures offered by the Supreme Court of t Continue Reading...
As a result, if an illegitimate interrogation or investigation contributes to the identification of physical evidence, the investigation and physical evidence must be excluded from trial. In this case, the interrogation or investigation is excluded Continue Reading...
Fourth Amendment It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the Continue Reading...
Physical Evidence List and explain five (5) ways that show how authentication or identification of physical evidence can be accomplished (also called "laying the foundation"). Authentication of physical evidence can be accomplished by: Testimony o Continue Reading...
Crime Control/Procedures The term "play in the joints" refers to flexibility within the law that allows for a certain amount of discretion to occur within the prosecution and judge. Even though there is discretion within the manner in which the Judg Continue Reading...
Acquainted With the Law Various Law Terms-3 Insider Trading This is either legal or illegal (Priebe, 2012). It is legal and legitimate when corporate officers, directors and shareholders of at least 10% of the outstanding stock of the business. T Continue Reading...
Mapp V. Ohio Over the centuries, there has been considerable debate as to the application of the Bill of Rights when it comes to the states. This is because a series of court cases decided it was only relevant when it came to the federal government Continue Reading...
Protecting Liberty Individual rights Bill of Rights defines the protections afforded individual citizens under the Constitution against excessive government intrusions into private lives and arbitrary prosecutions. These rights are contained in the Continue Reading...
Both the U.S. Senate and the U.S. Congress are slowly coming to the realization that they will have to address this issue which the Bush administration left behind to muddy the waters of citizen privacy rights in combination with the cases that are Continue Reading...
Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from Continue Reading...
American Government Politics. Discussed is the fourth amendment and the current policies of searches and seizures. Four sources used. Footnotes. Fourth Amendment Americans hold very dear the Bill of Rights. Among the ten amendments that make up th Continue Reading...
Criminal Justice System The fourth amendment to the United States constitution is a constituent of the Bill of Rights which prohibits unreasonable seizures and searches and requires that any warrant presented has t be sanctioned and supported by a r Continue Reading...
Mirfield 356) The purpose of the exclusionary rule is to afford the defendant all his or her rights of privacy and to maintain fair proceedings in the gathering of evidence. Unlawful search and seizure is a serious offence, committed by investigat Continue Reading...
PATRIOT ACT V. FOURTH AMENDMENT Patriot Act & 4th Amendment The Fourth Amendment was created in 1791 primarily to end the existence of general warrants, which the American colonialists hated and feared. These warrants were used by the English g Continue Reading...
" The Fourteenth Amendment explicitly provided the same limitations on the individual state's as existed for the federal government in regards to civil liberties and protections, and therefore the same exclusionary rule based on the Fourth Amendment Continue Reading...
Criminal Law Foundations Evaluation Criminal Law Foundations Paper Constitution signifies different political contexts safeguarding the well-being of the citizens, as well as, the convicts in the state. The constitution gives an integrated model of Continue Reading...
Indianapolis vs. Edmond 531 U.S. 32, 121S. ct.447, 148 L. Ed. 2D 333(2000) Facts: In an attempt to discover and intercept unlawful narcotics on transit across the city, Indianapolis police implemented a highway checkpoint program, where motorists w Continue Reading...
