Head: Exclusionary Rule Evaluation 1 Exclusionary Rule Evaluation Paper University of Phoenix CJA 364 Abstract The following paper will analyze the rationale and purpose of the exclusionary rule and identify exceptions to the exclusionary rule. In this analysis, it will state the costs and benefits of the exclusionary rule, as well as alternative remedies to the rule. The author
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Disadvantages of the Exclusionary Rule Abstract The Exclusionary Rule was established to deter police misconduct in obtaining evidence. The doctrine stipulates that evidence obtained in violation of the Fourth Amendment cannot be used as proof of the defendant’s guilt in criminal court. However, the Exclusionary Rule has had adverse effects. For instance, it has negatively influenced the conduct of police officers. It is apparent in their disregard of the law to secure convictions. Officers
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- 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
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The exclusionary rule is a lawful principle in the United States, which holds under constitutional law, which states that it can hold evidence collected or examine in violating the defendant's constitutional rights is sometimes inadmissible or does not hold in trial or before the grand jury for a criminal prosecution in a court of law. Exclusionary rule structure is hold by the fourth amendment which protect civilians or citizens from illegal searches and seizures. The Supreme Court change the foundation
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Q2 - According to Hall (2015), there are several factors the court takes into consideration when evaluating if the search was truly voluntary; 1) Suspects knowledge of the right to refuse; 2) Age, intelligence and language skill of the suspect; 3) Degree of cooperation by the suspect; 4) Length of detention; 5) Suspects attitude about the likelihood of discovery during the search; 6) Nature of the detention and questioning by police and whether the suspect was intimidated or coerced by the officer
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Chimel vs. California Supreme Court of the United States 395 U.S. 752 1969 Issue: If a person who is permitted by law arrested with a warrant, an unauthorized search of a person’s house against its fourth amendment? Facts: Police officers came to defendant Chimels home with an arrest warrant for an apparent robbery. Police officers enter the home with the permission of Chimels wife while they waited for defendant to get home. When the defendant got home they arrested Chimel. During the arrest
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Above, is the fourth amendment of the united states constitution and in the Dollree Mapp vs The State of Ohio case, it has been violated. This amendment is one of the fundamental ideas of our government. Its that restrictions are placed on our ability to incriminate ourselves. Mrs. Dollree Mapp is a respectable United States citizen who before this case, had no record at all of a criminal past. Mrs Mapp was living in a second floor apartment with her 11 year old daughter. On May 23rd, 1957 three
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Warrant Search: The 4th amendment of the constitution states, that police often need a search warrant to conduct a proper search. Here, Officer Vic did not have a search warrant but as stated before, that did not matter seeing as though he had reasonable suspicion and probable cause that a crime was taken place. (He overheard the city councilman about being robbed, he was informed by the manager about a stolen credit card and he had surveillance of the scene). • Probable cause: Before probable
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1. (a) A warrant is considered a legal document (B) A judge grants a warrant upon the ground’s of what the individual receiving the warrant did, skip bail, didn’t show up for court and a search of property to name a few.(c) a situation that an officer would be allowed a search warrant is a person suspected of illegal drugs.(d) The purpose and scope of a warrant is to focus on certain parts of the search. With purpose and scope in the warrant an officer knows his or her limits of the search. (e) an
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The most important amendment is the fourth amendment because the it says, “The right of the people to be secure in their persons, houses, papers, 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 searched, and the persons or things to be seized.” It is basically saying that they wrote this law because tax collectors were abusing their powers
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