In our book there is a case that is named Weeks
In our book there is a case that is named Weeks
Under what is known as the Plain View Doctrine is called a search-related plain view, referring to items that are identified by the responding officer who was authorized to specifically search for it. In this particular case, the officer was authorized to search for a white, 6’0 tall individual who was wearing a black baseball cap, black t-shirt, and jeans. Even though this description is vague, this individual was in the area of the crime, did match the description, and acted merely suspicious in the officer’s presence. This initially identification is where the detention had occurred in this particular case. The plain view doctrine also states that an officer has the ability to make a warrantless seizure of an object that is involved in a crime if the officer can identify the object in plain view (Terry v. Ohio,…
Evans (1995), the respondent was stopped because of a routine traffic stop. The officer’s computer indicated that there was a misdemeanor warrant out for the respondent’s arrest. The officer search his car and found marijuana in it, so the officer charged him with possession. The respondent tried to have the marijuana suppressed as evidence since his warrant had been squashed since before the arrest. This was denied because the purpose of the exclusionary rule wouldn't be served if they dismissed evidence that was obtained by error of employees. These employees were not directly associated with the arresting officer. So the arresting officer had no way of knowing that the misdemeanor warrant wasn't valid. Since the error was a clerical error exclusionary rule was not applied to suppress the…
Based on those circumstances the cocaine disposed by Hodari and discovered by Pertoso was a lawful fruit of a lawful seizure, the cocaine that was discarded from Hodari was not subjected to the Fourth Amendment under the exclusionary rule at the time of him fleeing from officer Pertoso. Conclusion/Holdings: Hodari rights against unlawful arrest will not operate to suppress evidence found prior to the physical force? The Fourth Amendment protects against unlawful seizures. Dissent/Concurrence: Steven, J followed four propositions to why he disagreed with the decision, Stevens stated, “the officer didn’t have a lawful reason to stop or arrest respondent. The officer established authority by chasing the respondent, also the disposal of the narcotics by the respondent was a direct consequence of the officer.…
Constitution, protecting them against unreasonable search and seizures. The court rejected the defenses opinion, in that the weapons were seized due to a lawful search incident to arrest. The motion to suppress was denied because the court found that the officer had cause to believe the men were acting suspiciously, the seizer and question was warranted and the officers own right to safety had the right the pat down the suspects’ outer clothing, believing that the suspects may be…
Chapter Four – The Exclusionary Rule Vicente Farias Jose Martinez The Exclusionary Rule The Exclusionary Rule – Evidence obtained in violation of Fourth Amendment cannot be used at trial – The primary purpose of the exclusionary rule is to deter police misconduct – What other purpose does the exclusionary rule have? The Exclusionary Rule …
Justice Black also believes the command that no unreasonable searches or seizures be allowed is too little to infer such a large decision. With these differences aside Justice Black feels that along with previous court decisions that the "Fourth Amendment's ban against unreasonable searches and seizures is considered together with the Fifth Amendment's ban against compelled self-incrimination, a constitutional basis emerges which not only justifies, but actually requires the exclusionary…
The definition of the exclusionary rule was a principle of law that illegally obtained evidence may not be admitted in court. The exclusionary rule was one of the few laws the court system had made to enforce the Forth Amendment’s unreasonable search and seizure clause. The many exceptions and alternatives to the rule caused major controversy over why the rule even stands.…
Explain the exclusionary rule and list the 6 major cases that define the rule. The exclusionary rule is a rule that prohibits the use of evidence or testimony obtained in violation of civil rights liberties and rights protected by the U.S. Constitution. The 6 major cases are Weeks vs. United States, Silverthorne Lumber co. vs. United States, Wolf vs. Colorado, Mapp vs. Ohio, Hudson vs. Michigan, Herring vs. United States.…
Basically means that the jury cannot be biased to the accused. If you had people on the jury who disliked you or immediately judge you, then most likely you are going to jail. The second part of this is, you can’t have someone who has been involved with the same crime. For example if a mother who is on the jury lost a son to a hit and run, and you’ve be accused of a hit and run, it would have already been biased. The trail must be held in the area the crime took place, or it wouldn’t be fair to the accused.…
It does not in any way expand the Alabama Rules of Evidence, and in specific, does not expand what may be shown at trial. See BMW of North America v. Gore, 510 U.S. 559 (1996).…
The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a…
Now over time the Supreme Court has looked at the exclusionary rule a number of times and as the supreme court became more conservative in the 1970s and the 1080s, they began to carve out exceptions to the exclusionary rule. The classic exception come from a case called United States verses Leon, and it is called the "good faith" exception. What that means is if the police officer obtains evidence in a good faith belief that they have complied with your constitutional rights, that evidence can still be used against you even if we later find out that there was a problem with the search and seizure. So if the police go to a judge, obtain a warrant, search your home and find drugs, they find out a week later that there was a problem with the warrant and that technically it was an illegal search. The drugs still come in against you because the officers acted in a good faith belief that they had played by the rules. The Supreme Court has repeatedly said that the exclusionary rule is to prevent us against rogue police officers not against clerical errors or errors on behalf of the…
The exclusionary rule is a law that prohibits the use of illegally obtained evidence in a criminal trial. The U.S. Supreme Court developed the rule to discourage police from violating the Fourth Amendment right to be free from unreasonable searches and seizures. A lot of police feel as when they have their badge on there able to do anything and everything which isn't fair to the everyday citizen.…
My opinion is that although the exclusionary rule may significantly slow down the police department’s investigation and arrest process, it is a necessary “evil” in order to protect the rights of the individuals who in fact should not have their homes searched. I do however, agree that without the restrictions of the exclusionary rule police departments would be able to do their job a lot faster and more effectively, without having to worry about first getting a search warrant or after getting “slam dunk” evidence, having to see a case thrown out because it was not obtained through due process. My personal concern for allowing the police such a high level of discretion though, is that in the heat of the investigation and desire to catch or lock away a suspect, police may search the homes of people related, associated, or even suspected of having connections to the suspect in order to get information that could result in a guilty verdict, which would potentially violate the privacy of people who potentially are not connected to the crime or suspect being investigated.…
Immigrants from all over the world make the journey to America for many different reasons but with one goal in common, a better life, and they have been doing so for centuries. What makes America what it is today is it’s diversity, a “melting pot” of cultures and traditions coming together as one. But this is not how the White Anglo Saxon Protestants from the 19th century (WASPs) viewed it. WASPs did everything in their power to keep immigrant groups like the “dirty Chinese” and “violent Irish Catholics” out, giving them negative stereotypes and creating laws to mark them as an inferior race. In the political cartoons “The Irish Declaration of Independence That We Are All familiar With” and “The Only One Barred Out” it is clear that the artists are portraying how…