Constitutional Law: Boyd Vs. United States

Improved Essays
In the United States, the rule of exclusion of the illegally obtained evidence has no explicit recognition in the Constitution. It has been the subject of creation by the jurisprudence of the Supreme Court by linking to the IV and V Amendments of the American Constitution, in which it proclaims the rights not to suffer unreasonable searches and seizures and to not testify against oneself, not to incriminate oneself: Boyd vs. United States, 116 US 616 (1886) and Weeks vs. United States, 232 US 383 (1914). The doctrine states that all those evidence obtained by the forces of public order, violates the constitutional rights recognized in any of the amendments (will be extended in subsequent jurisprudence to other amendments such as VI or XIV,

Related Documents

  • Improved Essays

    The actuality of the case of State v. Stewart consist of a variety of mental, physical and emotional abuse in which Peggy Stewart had been “pushed” in her own mind to kill her husband to escape from his toxic and cruel behavior. As a result, the facts of the case are a wide variety that contributed to Peggy’s “imminent danger” state of mind when deciding whether her actions were truly self-defense. These include the abuse at hand, physiological trauma that Peggy experienced, and professional opinions about Peggy’s actions. An important factor of the case is Peggy Stewart’s significant abuse by her husband, Mike. Additionally, Mike’s abuse was not only to Peggy; but also to her daughter, Carla.…

    • 728 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    I too think that having a gun on school grounds is a serious crime. In the case of United Sates v. Lopez it should have only been up to the state to punish him, but that wasn't the case. Lopez's crime should not have been punishable under the Commerce Crime and that was exactly what the ruling upheld. The Commerce Crime had nothing to do with the Gun Free School Zone Act and therefore it was unconstitutional. Great discussion.…

    • 79 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    LB203 Constitutional Law

    • 513 Words
    • 3 Pages

    Advocacy Exercise LLB203 Constitutional Law McCloy v New South Wales [2015] HCA 34 Respondent. Question: Is division 4A of part 6 of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) invalid under the implied freedom of political communication to the extent that it applies to property developers?…

    • 513 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    United States vs. Robert F McDonnell and use pills Maureen McDonnell case number 15 – 474 the Supreme Court McDowell petitioned the official Act of the conspiracy charges and conviction did not provide Pacific evidence. In 2014 Robert McDonnell, because the 71 Governor of Virginia throughout the term in office became partners with Jonnie Williams, a wealthy businessman. Williams offered favors to influence McDonnell supports with the dietary corporation at the Star Scientific Inc. Robert McDonnell and his wife, Maureen, were in financial distress. Their debt was overwhelming, and they needed a way out of their debt. Therefore, Williams agreed to reduce their deficit with loans, paid expenses and luxurious contributions.…

    • 1197 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Case Brief Of Us Vs Leon

    • 878 Words
    • 4 Pages

    The exclusionary rule of the Fourth Amendment should have been modified to permit the introduction of the evidence that was obtained in the reasonable good-faith belief that search and seizure was in accord with the Fourth Amendment. (White, Justice) Yes, The exclusionary rule of the Fourth Amendment should have been modified to permit the introduction of evidence that was seized in the reasonable good-faith belief that the search and seizure were in accord with the Fourth Amendment. The officer’s reliance for the warrant must have been objectively reasonable.…

    • 878 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    The court case, “District of Columbia vs. Heller” was a lawsuit filed against the District of Columbia for supposedly, infringing upon the rights protected by the second amendment. The suit was filed by Dick Heller, a police officer in Washington, DC. In an attempt to lower the crime rates, DC placed a ban on all handguns. The chief of police was allowed to give licenses to own handguns for a year, but denied most applicants. After heller and several others were denied, they brought the issue up to the local district court, which ruled in favor of the ban.…

    • 614 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Question 1) Oregon vs. Smith, is a United States Supreme Court case that determined wither or not the state could reject unemployment benefits to a person fired for violating a state’s narcotic prohibition, even if the use of the drug was part of a religious ritual. Legally states have the right to accommodate some illegal acts done in pursuit of religious beliefs, but they are not required to make accommodations. This made The Supreme Court decision a major event in Native American religious beliefs, the case attracted widespread support form not only Native religious beliefs but also voodoo religious beliefs. Oregon v. Smith had a diverse range of religious groups eager to protect their own religious freedom and their use of spiritual medicine.…

    • 1940 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    cases also relates to the Fourth Amendment, which requires "search and seizure" of evidence, also known as the exclusionary rule (Srinivas, 2012, p. 179). The exclusionary rule states that, “Evidence must be collected and analyzed without violating the rights of the defendant; if the rights of the defendant are violated, then the evidence will not be upheld in court” (Srinivas, 2012, p. 179). Savana Redding is a 13-year-old eighth grader enrolled at Safford Middle School. She is an honor student who has no history of disciplinary problems or substance abuse.…

    • 628 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Other exceptions include open fields, canine sniff, booking search and inventory, public safety, and officer safety. The purpose for this rule can be looked at like a way for law enforcements to conduct searches and seizures that do not violate the Fourth Amendment and individuals that have had their rights violated. This legal rule first made its appearance during the U.S. Supreme court case Weeks v. United States (1914). Freemont Weeks was arrested under suspicion of using the U.S. mail to transmit lottery tickets.…

    • 937 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Kennedy vs Louisiana (2007) was a case about a guy name Patrick Kennedy and is charged with aggravated rape of his eight year old stepdaughter. The eight year old child suffered serious injuries from Mr. Kennedy. Under the Louisiana Law, the prosecutor is allowed to seek the death penalty against defendants who are found guilty of raping children under the age of twelve. The jury granted the prosecutor the death penalty in which he sought. The difference between the Coker vs Georgia case and the Kennedy vs. Louisiana case is that a child is involved.…

    • 575 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Elizabeth, I do concede that Dripps model of the contingent exclusionary rule is fascinating; yet, it is my opinion that there are pros and cons. It is without doubt that the present exclusionary rule is controversial. I also concede that there isn’t a need to completely re-invent the wheel. Conversely, Dripps argues in regards of the contingent suppression order in which prosecutors would have to choose between accepting exclusion of evidence obtained through infractions of the Fourth Amendment or accepting the imposition of a damages judgment obtained through infractions of the Fourth Amendment or accepting the imposition of a damages judgment against the state under an administration of statutory damages (Tipton, 2010).…

    • 328 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Texas vs. Johnson (An analysis of the supreme court case Texas vs. Johnson and the current repercussions of the decision) The first amendment protects many of our basic rights such as freedom of speech, freedom of religion, freedom of the press, etc. The framers of our constitution left a broad wording to leave room for our country to grow and change as time went on. One of the adjustments our country has made over time is to define the actions and words protected under the freedom of speech. There are three basic categories of free speech; pure speech, is communication only through words, speech plus is speech plus an aid such as a sign or a chant, and symbolic speech, an action that communicates meaning without the use of words.…

    • 1129 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Lawrence V. Wade

    • 1313 Words
    • 6 Pages

    Amanda Black Exam Essays Fall Quarter 12/5/2007 Scalia explains his dissenting opinion to the overturning of Lawrence v. Texas by comparing the case to Roe v. Wade in three areas. He looks at stare decisis, fundamental rights, and legal moralism. There are three things that need to be proven before the court can overrule a decision in regards to stare decisis. 1) Its foundations have been eroded by subsequent decisions; 2) it has been subject to substantial and continuing criticism; 3) it has not induced individual or social reliance that counsels against overturning it.…

    • 1313 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Question 1: Discuss the arguments for and against the exclusionary rule. Be sure to provide examples and explain your position on the exclusionary rule. Answer: The exclusionary rule is “A judicial rule that makes evidence obtained in violation of the U.S. Constitution, state, or federal laws, or court rules inadmissible” (Gardner & Anderson, 2016, p. 214).…

    • 820 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Fourth Amendment In Texas

    • 492 Words
    • 2 Pages

    As well the court also stated that detaining a person to require him to identify himself with lack of evidence against him/her violates their Fourth Amendment right. The Fourth Amendment requires such action,or that the seizure should be carried out pursuant to plan embodying explicit,neutral limitations of individual officers. In other words, a police officer can’t arrest you,detain you,or search you without a search warrant or an arrest warnat. Though there are some expectations on getting search or being detained,like for instances if a police officer asks your permission to search in your belongings and you agree then that’s not considered an intrusion of your privacy because you allowed him/her to search in your belongings. Same goes for being arrested because in order to be charged with a crime police officers must have reasonable suspicion and enough evidence to charge you with that crime.…

    • 492 Words
    • 2 Pages
    Improved Essays