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Describe The Exclusionary Rule

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1) Identify three of the requirements for police to legally execute a search warrant.
-To legally execute a search warrant law enforcement must establish probable cause to believe a crime has been committed, the items the officer seeks constitute evidence of that offense, and the items are located at the place to be searched. 2) Describe the criteria for the legal search of luggage, packages, and other personal containers.
-Brief limited seizures are generally used for these types of searches, and suspects have both privacy and property rights. Opening luggage, packages, and personal containers constitutes a search and requires a warrant or an exception to the warrant. If search authority is lacking police may temporally seize the item while apply for a search warrant.
3) Yes or No. When police are executing an arrest …show more content…
- The Exclusionary Rule entails excluding illegally obtained evidence from being used in a criminal prosecution. It also applies to illegally obtained confessions. Its purpose is to protect the defendant by preventing illegally acquired evidence from being used against them in court. The exclusionary rule was also implemented to curb illegal police activity
4) Describe the "Fruit of the Poisonous Tree" doctrine as it applies to the exclusionary rule.
-If a piece of evidence is illegally obtained then any further evidence obtained from the illegally obtained evidence is also inadmissible, or unconstitutional. This is referred to as the fruit of the poisonous tree doctrine, essentially the tree is poisonous this is the exclusionary rule, and any fruit off the tree is also poisonous therefore illegal.
5) Name the four exceptions to the Exclusionary Rule.
- The four exceptions to the exclusionary rule include: inevitable discovery/ independent source exception, good faith exception, impeachment, and evidence that is sometimes illegally obtained can be used in proceedings other than the defendants criminal

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