Raven Jones David Harper CJA/364 September 17, 2012 Exclusionary Rule Have you ever thought about what our country would be like if we did not have any rules or regulations? It would be a world of chaos, and would not be enjoyable. One rule we could never live without is the exclusionary rule. The exclusionary rule is protected by the Fourth Amendment. The exclusionary rule states that any evidence collected that violates the criminal’s right can not be used in court. The
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Constitutional Policing CRJ201 June 28, 2015 Title of Your Essay The 4th amendment of the United States Constitution states “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable search 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 seized.” I believe that many cases have been brought
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Without the exclusionary rule the government would be free to violate the 4th amendment. Exclusionary rule protects citizens from evidence obtained illegally; any evidence obtained illegally cannot be used in a court of law. Evidence must be collected by abiding by the law and citizens’ rights, whether it be documents or any other incriminating evidence. In the following we will look at a brief historical overview of the development of the exclusionary rule, including its exceptions. Early signs
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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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Assignment 2; Procedural Criminal Law 1. Explain to me why the Mapp v. Ohio case is as important as it relates to the 14th Amendment. In the case of Mapp v Ohio police suspected that Dollaree Mapp could be helping a suspect hide in her home from the police Cleveland, Ohio. The police knocked on Mapp’s front door insisting that Mapp let them in, due to the police not having a search warrant Mapp told the police no. several hours later the police refrained from watching Mapp’s home and
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the search, in response to an officer’s appeal for assistance, Williams made statements to the police (without an attorney present) which helped lead them to the body. Williams was only read his Miranda rights after he was arrested. Synopsis of Rule of Law. This case introduces the inevitable discovery doctrine, which postulates that if evidence will be inevitably discovered, the method in which it is obtained is not important. Facts. Defendant, Williams was arrested and read his rights for
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the poisonous tree" doctrine is an offspring of the Exclusionary Rule. The exclusionary rule mandates that evidence obtained from an illegal arrest, unreasonable search, or coercive interrogation must be excluded from trial. Under the fruit of the poisonous tree doctrine, evidence is also excluded from trial if it was gained through evidence uncovered in an illegal arrest, unreasonable search, or coercive interrogation. Like the exclusionary rule, the fruit of the poisonous tree doctrine was established
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Define due process and its origins. According to our text book; "The Due Process is protection against arbitrary deprivation of life, liberty, or property as guaranteed in the Fifth and Fourteenth Amendments." (Wilson, 2009, p. 33). The origins of the due process can be traced back to 1868 thanks to the fourteenth amendment being ratified that year. What is vital to know about the fourth teen amendment is this "No state shall deprive any person life of life, liberty
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P2). B. Assuming the warrant was signed by the judge and it was later determined that the probable cause was lacking, would the evidence that was seized be suppressed by the court? Why or why not? Under the Exclusionary Rule the evidence would be suppressed. The Exclusionary Rule prevents the prosecution from using evidence collected in violation of a defendant’s right (Coernell P1). Additionally any evidence discovered as a result of this evidence becomes known as the Fruits of the Poisonous
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that the officer could use discretion as to whether the vehicle was safe to operate. On the other hand, Heien’s lawyers claim that just as ignorance is no defense for citizens, it should not be a defense for police officers. We covered the exclusionary rule through Weeks v US and Mapp v Ohio, which made it law for the US and the States respectively. We also discussed the Fruit of the Poisonous tree Doctrine in Silverthorne v US and Wong Sun v US. The good faith exception that the state is claiming
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