Exclusionary Rule Essay

SYNOPSIS: On 11-21-15, Cann McMillin reported that an unknown female suspect had entered her residence on 11-21-15, while she was home, and took a laptop computer, which belonged to a guest of McMillin's, Hayley Pierce. Pierce, who was also home at the time, saw the suspect run out of the residence. Pierce described the suspect to another guest at the residence, Stephanie Peters, who believed that the suspect resembled a female passenger in the "Uber" car she had used to arrive at the…

On Friday 11, 2016 at approximately 11:45, strands of hair were examined under a microscope to determine which suspects were at the scene of the crime. At 2:00am, a woman arrived home and caught two burglars in her house. She tried to run but she was attacked. She has no memory of her attackers. The purpose of our lab work is to find out who attacked the women by examining hair found at the crime scene. The hair evidence was collected at the crime scene and sent to us to examine. Hair from…

Mary Ellis is protected under the Fourth Amendment from unreasonable searches and seizures. Police Officers are not authorized to enter her home without a search warrant, consent, or exigent circumstances. The Fourth Amendment provides the protection of privacy not only to the interior of her home but has extended to open areas immediately adjacent the (curtilage). The definition of the meaning “curtilage” is legally the area proximity or annexation to the home. its inclusion within the…

The Prosecution In this case, the prosecutor can argue that the accused wife gave verbal consent to the police officers to search the resident, without the officers having to obtained a search warrant, and the police had significant probable cause to be at the resident. The prosecutor can argue that the consent from the accused wife was sufficient enough to search the resident, since she was a co-occupant of the resident. The prosecutor could argue that a warrant-less search conducted in the…

In the Maryland v. Buie trial, it was decided by the Supreme Court that a protective sweep of the area following an arrest is justified (Hall, 2015). In this case, Buie and an accomplice had committed an armed robbery wearing red running suits (FindLaw, n.d.). A warrant was obtained, then executed at the residence of Buie where he was subsequently found hiding in the basement. The officers on scene searched the basement following the arrest of Buie where they found in plain view the red running…

To expound on the process of the Fourth Amendment, we must recognize and interpret its meaning. The Fourth Amendment is the protection of our citizen privacy against certain governmental interferences (Bohm & Haley, 2014, p. 105). The procedural rights of The Fourth Amendment are the search and seizure of citizens property and/or person in violation of the criminal law, with a meaningful interference by the government. There has to be probable cause. A search and seizure have to be within reason…

The legal issue of whether Victor’s mental disability, medication, and Attention Deficient Disorder (ADD) was crucial information as to why, he committed the crime. In the case of United States v. Kozminski (1988) two men with mental disbalitlies where held to work for low or no wages and threatened and physiologically coerced to stay on the farm to work. The courts agreed that the men were coerced due to their mental incapacity. The act of coercion kept the men captive at the farm. In…

Lawful Searches Law enforcement officers are bound to certain rules that limit their powers of search and seizure. These rules are governed by constitutional rights and administered by the supreme court. These rules were placed on officer to prevent corruption and protect the rights of citizens from corrupt officers. The use of a search warrant signed by a judge must accompany a search of residences that are believed to have evidence that prove the guilt of a suspect residing on the…

Case #3: Do’s & Don’ts 1.) The police arrest you in your living room on charges of murder. May they open the door of your coat closet to make sure that no one is hiding there? May they open the door to your medicine cabinet? - Yes to the first and no to the second. Reasonable belief must be established before any area within a crime scene maybe searched. In regards to the medicine cabinet there is no reasonable belief that an accomplice for example is hiding in said structure which would…

Case Citation: STATE of Washington, v. Antonio B. CANTU No. 76198-1., (2006). Parties: Antonio B. Cantu, Petitioner State of Washington, Respondent Facts: Antonio Cantu was arrested and tried for the crime of burglary after he forcefully entered his mother’s room that had a deadbolt on it. Once inside the room, Cantu took some objects that belonged to his mother. Procedural History: Cantu was originally charged…