search and seizure
ABSTRACT
In this paper I will discuss a homicide scenario that involves a widow Mary Ellis and her son William Ellis and neighbor Clyde Williams. I will discuss how the 4th Amendment relates to the story and several court cases. This paper will also include what is needed for police to obtain a warrant and what circumstances will allow law enforcement to enter a residential home. I also plan to discuss what the meaning of the exclusionary rule and fruit of the poisonous tree doctrine.
This paper will discuss the scenario of Mary Ellis and her Son William. I will discuss the 4th amendment rights and the exclusionary rule of the evidence as it applies to Mary and Williams’s story. I will also discuss several different cases involving the exclusionary rule and the fruit of poisonous tree.
On Saturday morning Mary Ellis, a widow who lives with her adult son William Ellis, went to open her walk-in closet and found her neighbor Clyde Stevens lying on the floor and unresponsive. Mrs. Ellis called 911 and upon their arrival Mr. Stevens was pronounced dead from a stab wound. The stab wound was caused by a large butcher knife that was protruding from his back. Mrs. Ellis was taken to the hospital for observation because she was distraught.
The 4th Amendment of the U.S. Constitution states the rights 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. (FindLaw, 2014) Even though the 4th Amendment states no warrants shall be issued without probable cause law enforcement can search you home without one. For example, if an adult is home and he or she has control over the property and gives an officer permission to search no warrant is needed, if the police is called to a resident’s home and an arrest
In this paper I will discuss a homicide scenario that involves a widow Mary Ellis and her son William Ellis and neighbor Clyde Williams. I will discuss how the 4th Amendment relates to the story and several court cases. This paper will also include what is needed for police to obtain a warrant and what circumstances will allow law enforcement to enter a residential home. I also plan to discuss what the meaning of the exclusionary rule and fruit of the poisonous tree doctrine.
This paper will discuss the scenario of Mary Ellis and her Son William. I will discuss the 4th amendment rights and the exclusionary rule of the evidence as it applies to Mary and Williams’s story. I will also discuss several different cases involving the exclusionary rule and the fruit of poisonous tree.
On Saturday morning Mary Ellis, a widow who lives with her adult son William Ellis, went to open her walk-in closet and found her neighbor Clyde Stevens lying on the floor and unresponsive. Mrs. Ellis called 911 and upon their arrival Mr. Stevens was pronounced dead from a stab wound. The stab wound was caused by a large butcher knife that was protruding from his back. Mrs. Ellis was taken to the hospital for observation because she was distraught.
The 4th Amendment of the U.S. Constitution states the rights 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. (FindLaw, 2014) Even though the 4th Amendment states no warrants shall be issued without probable cause law enforcement can search you home without one. For example, if an adult is home and he or she has control over the property and gives an officer permission to search no warrant is needed, if the police is called to a resident’s home and an arrest
References: Legal Information Institute, Cornell University Law School (n.d.). Retrieved on January 4, 2014 from http://www.law.cornell.edu/wex/exclusionary_rule Legal Information Institute, Cornell University Law School (n.d.). Retrieved on January 4, 2014 from http://www.law.cornell.edu/constitution/fourth_amendment Justia Us Supreme Court, (n.d.). Retrieved on January 14, 2014 from http://supreme.justia.com/cases/federal/us/232/383/case.html Legal Information Institute, Cornell University Law School (n.d). Retrieved on January 14, 2014 from http://www.law.cornell.edu/supremecourt/text/437/385 Legal Information Institute, Cornell University Law School (n.d). Retrieved on January 14, 2014 from http://www.law.cornell.edu/wex/fruit_of_the_poisonous_tree Montrey, N. (2008).Yahoo voices, What is the Exclusionary Rule and Why is it Important? Retrieved on January 14, 2014 from http://voices.yahoo.com/what-exclusionary-rule-why-important-1797693.html Leagle, (2013) Retrieved on January 14, 2014 from http://leagle.com/decision/1939147106F2d41_1138.xml/UNITED%20STATES%20v.%20NARDONE FindLaw, For Legal Professionals. (2014). Retrieved on January 14, 2014 fromhttp://constitution.findlaw.com/amendment4/amendment.html