At the request of the State's Attorney in the
At the request of the State's Attorney in the
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 …
A major case that helped further clarify the exclusionary rule in the justice system was the Davis v. The United States. The case regarded the admissibility of evidence obtained through unconstitutional searches and seizures derived from the fourth amendment. The implications for law enforcement and prosecution were also clarified by the exclusionary rule during the trial. Case Background Willie Davis was stopped by officers at a routine vehicle stop where he was asked for his name and decided to give a false name. Once the officers saw that Davis had given them a false name, he was arrested, and officers decided to search his vehicle.…
I find that the evidence would still be valid based on the “good faith” exception to the exclusionary rule. The good faith exception states “that If officers had a reasonable, good-faith belief that they were acting per legal authority, such as by relying on a search warrant that is later found to have been legally defective, the illegally seized evidence is admissible” (Busby, 2009). The good faith exception was established by a 6-3 U.S Supreme court decision in the United States v. Leon 468 U.S. 897 (1984). The majority opinion, as written by Bryon R. White, was that the exclusionary rule was established to deter law enforcements violations of the 4th amendment warranting against illegal search and seizure. Therefore “reliable physical evidence seized by officers reasonably relying on a warrant issued by a detached and neutral magistrate” did not violate the exclusionary rule and the evidence was to be admitted (Kaye, 2011). The good faith exception was reviewed and expanded in Arizona v. Evans 514 U.S. 1 (1995), a case that I feel directly correlates to my decision reference the admissibility of the evidence in the example given. In Arizona v. Evans an officer conducts a legal traffic stop. Upon running the driver’s license the officer discovers an outstanding warrant for arrest. Pursuant to the arrest a search was conduct and marijuana discovered. When charging Evan’s when possession the officers discovered that the warrant had been quashed. In a 7-2 decision, the U.S. Supreme Court determined that this was not a violation of Evan’s 4th Amendment rights since the evidence, though obtained based on an illegal warrant, was legal based on the good faith…
The stipulation that is made is that the juvenile must be found to be of “serious risk” to commit another crime pre-adjudication and that it is in their best interest as well as the state’s best interest that they be…
Kevin Wallace 1/27/2017 CJAD 101 Dropbox 3 “SEARCH AND SEIZURE “ Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime. the exclusionary rule is a rule that allows for the exclusion or suppression of evidence. This role prevents the government from using evidence in trial which was to be derived from an illegal search and seizure arrestor interrogation. There are several exceptions to the exclusionary rule that I have found and these are: 1.…
Statutory exclusion is where an individual is under a certain age, 18 in most states. When you are under age you are considered a juvenile and therefore cannot be tried as an adult. The detention hearing must also take place within twenty-four hours of being held at a detention facility. U.s department of justice. ().…
When it comes to crime, there is a point that exists separating the children from the adults, so what is it? Some states hold a system called, “automatic transfer,” this is when a judge waves the protections that the law provides within the juvenile court. This is usually applicable to juveniles who have committed more serious crimes, or minors who have previously been in legal trouble. While juveniles tried in adult court exist with more constitutional freedoms, this comes at a price such as being subjected to more serious punishments along with the possibility of spending time in an adult correctional facility. But how could a child even be eligible for automatic transfer? There is a whole series of factors that go into play, but in the…
"47 States and the District of Columbia provide judicial discretion to waive certain juveniles to criminal court. Thirty-seven States and the District of Columbia have one or more statutory exclusion provisions, and 10 States and the District of Columbia have direct file provisions." (p.1)…
There are several offenses that would require a child be transferred from juvenile court to becoming…
In a landmark supreme court case, called the united states versus weeks, the supreme courts created a rule to our criminal procedure called the exclusionary rule. What the exclusionary rule means is that if the police obtain evidence against you in violation of your constitutional rights, they cannot use that evidence against you to prove your guilt or innocence at a trial. An example of this would be police searching your home without a search warrant. If they found illegal item in your home during that search, they could not be used against you at trial. Now the important thing to remember about the exclusionary rule, however, is that it does not mean you are automatically free to go. It only means that that particular piece of evidence is…
This paper will present the Exclusionary Rule and the original intentions for its enactment. It will discuss the importance of the rule and how it is a protection against an unlawful search and seizure and a violation of the rights provided by the Fourth Amendment. Also, this document will display the history of the Exclusionary Rule, with its first appearance in the case, Boyd v. United States in 1886. Weeks v. United States will show a better-established, stronger version of the exclusionary rule. Another expansion of the rule will be described by the Mapp v. Ohio case. In this paper, I will also state and describe the four primary exceptions to the exclusionary rule: Inevitable Discovery Doctrine, Valid Independent Source, Harmless Error, and the Good Faith Exception. I will subsequently describe the possible abuse of these exceptions and the complications with the exceptions. The document will examine statistical data regarding the exclusionary rule and conclude with my personal opinions regarding the exclusionary rule and its exceptions.…
The Fourth amendment guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. The interpretation and execution of the Fourth amendment in the courtroom however, is decided by the Supreme Court in an attempt to find a fair balance between individual and community interests. The exclusionary rule for example, is a Supreme Court precedent that holds police departments responsible for seizing incriminating information according to constitutional specifications of due process, or the information will not be allowed as evidence in a criminal trial. The question that arises in turn, is whether the exclusionary rule has handcuffed the abilities to effectively protect the community by the police, or if it has actually resulted in a positive police reform which needs to be expanded upon.…
In 1914, during the Supreme Court case Weeks versus the United States, the exclusionary rule was established (Hendrie 1). The exclusionary rule was a part of the Fourth Amendment. It states that evidence found at a crime scene is not admissible if it was not found under the correct procedures. This means that the government cannot conduct illegal searches of a person or place and use evidence that is found at that time. The government must go through the procedures of obtaining warrants or have probable cause to search an individual or place. The exclusionary rule is used to provide civil rights for individuals and restricts powers of the local and federal government (Lynch 1).…
Juveniles do not have the same constitutional rights as adults do. This means a juvenile's hearing is heard solely by a judge due to juveniles do not have the right to trial by jury. Juveniles are not able to bail or have a public trial. A lot of precautions are also given to Juveniles that would not be given to an adult in the justice system. All of the records are sealed so they will not be “haunted” by their offenses. Eligibility for record sealing includes: age, when the offense was committed, type of juvenile offense, and subsequent arrests or convictions. Some states will automatically seal the…
1. GENERAL INTRODUCTION 1.1. Definition Statutory interpretation as a subject of study is the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations. 1.2. Why can statutes not be interpreted in a mechanical or rule-like fashion? Many rules of interpretation overlap and cannot be neatly compartmentalised as: the circumstances and sets of facts will differ from case to case, as well as the context of legislation; the courts are not of one mind when it comes to the application of certain rules, resulting in no clear predictable pattern of application 1 the law is not objective, neutral and value-free: all interpreters have a particular frame of mind which will influence their understanding of legislation; since the spirit and aim of the fundamental rights in the Constitution must be promoted, interpretation necessarily involves value-judgements; Poor drafting, conflicting provisions or a lack of resources to research the current law. Two different meanings of the phrase “interpretation of statutes” Before 1994 and the Constitution, interpretation of statutes was an orthodox system of maxims and rules for interpretation based on parliamentary sovereignty. Today interpretation is based on constitutional supremacy and the spirit and purport of fundamental rights are to be taken into account and thus value judgment can no longer be ignored. According to Devenish: courts will be able to test and invalidate legislation; all statute law will have to be interpreted to be compatible with letter and spirit of Constitution; a value-coherent theory of interpretation should become prevalent; a justiciable bill of rights is likely to indicate a new methodology and theory of interpretation. Interpretation of statutes transformed by six provisions of the Constitution:…