What Are The Exceptions To The Exclusionary Rule
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. The good-faith exception-any evidence gained by law enforcement using a search warrant …show more content…
Exigent circumstances–action is immediately necessary to prevent physical harm, preserve evidence or prevent a suspect from escaping
4. A majority of businesses that are regulated can be searched without a warrant (gun shops or similar businesses that might include weapons labs, explosives dealers, and anything else that has potential for public danger.
5. Arresting officers are entitled to perform a protective sweep of a property to make sure they’re not about to be ambushed. This is a limited search aimed solely at places where someone might be hiding. In rare cases, a protective sweep can be performed without an arrest.
6. Hot pursuit. If the police have been continuously chasing a criminal, they are entitled to follow him into a property and search without a warrant.
7. Law enforcement can with reasonable suspicion can pat down or search an individual that is suspected of being armed or may be involved in criminal activity.
8. Any time law enforcement has a suspect under arrest they must search that individual for the officer safety and the arrestee’s safety. There does not need to be a warrant issued if the individual is already in
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. The good-faith exception-any evidence gained by law enforcement using a search warrant …show more content…
Exigent circumstances–action is immediately necessary to prevent physical harm, preserve evidence or prevent a suspect from escaping
4. A majority of businesses that are regulated can be searched without a warrant (gun shops or similar businesses that might include weapons labs, explosives dealers, and anything else that has potential for public danger.
5. Arresting officers are entitled to perform a protective sweep of a property to make sure they’re not about to be ambushed. This is a limited search aimed solely at places where someone might be hiding. In rare cases, a protective sweep can be performed without an arrest.
6. Hot pursuit. If the police have been continuously chasing a criminal, they are entitled to follow him into a property and search without a warrant.
7. Law enforcement can with reasonable suspicion can pat down or search an individual that is suspected of being armed or may be involved in criminal activity.
8. Any time law enforcement has a suspect under arrest they must search that individual for the officer safety and the arrestee’s safety. There does not need to be a warrant issued if the individual is already in