2. After the attacks of September 11 there was new and seemingly urgent justification for further militarization of America’s police department to be able to protect the country from terrorism. 3. The Fourth Amendment of the U.S. Constitution provides that "the right 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
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New Jersey v. T.L.O.‚ (1985) is the case that impacted me the most. It is a decision by the US Supreme Court regarding the constitutionality of a search of a public high school student after she was caught smoking. A search of her purse revealed drug paraphernalia‚ marijuana‚ and documentation of drug sales. She was charged as a juvenile for the drugs and paraphernalia found in the search. She went against the search‚ claiming it violated her 4th Amendment right against unreasonable searches. The
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Because of this ruling all illegal evidence obtained is inadmissible in court. Mapp v. Ohio became a precedent for law enforcement and in a court of law. The ruling officially established the exclusionary rule. The exclusionary rule was created to protect Americans from our very own law enforcement and courts. The rule was designed to provide a response to the prosecution and police who illegally gather evidence that violates the 5th Amendment right of self-incrimination. As a Supreme Court Justice my
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and all the | |performed with‚ on or witnessed by the| | |jury to hear rules and evidence regarding | |minor‚ which is not otherwise | | |confessions as evidence and admissible | |admissible by statute or court rule‚ | | |statements. |
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ARGUMENTS IN SUPPORT OF THE EXCLUSIONARY RULE Among the arguments in support of the exclusionary rule4 by its proponents are the following: 1. It deters violations of constitutional rights by police and prosecutors. A number of studies and testimonies by police officers support this contention. 2. It manifests society’s refusal to convict lawbreakers by relying on official lawlessness—a clear demonstration of our commitment to the rule of law that states that no person‚ not even a law enforcement
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For my Quick law assignment I was issued the legal term “Circumstantial evidence.” Circumstantial evidence is defined by duhaime.org as‚ “Evidence which may allow a trial judge or jury to deduce or logically infer a certain fact from other established facts‚ which have been proven.” Circumstantial evidence is also known as indirect evidence. It is best explained using the example of an individual walking into a building wet and wearing a raincoat; a person would then assume that it was raining outside
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recognized‚ reasonable expectation of privacy in the place or area searched. The Fourth Amendment has been interpreted to: require that searches and seizures be reasonable; and prohibit warrants except those issued upon probable cause. However‚ as with any rule‚ there are exceptions. The exceptions to the warrant requirement will be discussed below. In interpreting the Fourth Amendment‚ the courts have balanced the individual’s right with what is good for the rest of society. Fourth Amendment rights are
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Rules in society are meant to help the society prosper. After time‚ all rules in society come to the point where they no longer do any good. For this reason‚ rules in society are not needed because they separate people‚ control the thoughts and feelings of people‚ and are hard to right the wrongs. The first reason why rules in society are not needed is because they separate people when they should be uniting a society. One way this is done is through the rules themselves. For example‚ a society
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The exclusionary rule is intended to reject prove acquired disregarding a criminal litigant’s Fourth Amendment rights. The Fourth Amendment ensures against irrational quests and seizures by law requirement work force. On the off chance that the hunt of a criminal suspect is preposterous‚ the proof acquired in the pursuit will be rejected from trial.The exclusionary administer is a court-made run the show. This implies it was made not in statutes go by authoritative bodies but instead by the U.S.
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I am usually one of those people that believes in the law and that believes that rules are in place for a reason. I am well aware of the Exclusionary Rule and the Poisonous Fruit Doctrine however‚ these are two things that I don’t believe in. According to the Exclusionary Rule‚ any evidence obtained without a warrant or Constitutional justification needs to be excluded from any case records. (FindLaw‚ 2017). While the Poisonous Fruit Doctrine indicates that the court may exclude not only the evidence
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