Exclusionary rule

The exclusionary rule became very specific as to what was excluded and what wasn’t overtime due to certain cases. In Katz v. United States, 1967 abstract items were protected from unreasonable searches and seizures and found objects like waste and garbage are not applied in the fourth amendment (California v. Greenwood, 1988) The biggest concern after this was whether or not this clause also apply to students. Two students in Middlesex County,New Jersey were at their high school and were…

The fruit of the poisonous tree doctrine is any evidence that was gathered as a result of an illegal search. Also, illegal questioning cannot be used against the individual being searched even if the evidence was gathered lawfully at a later time. The terminology is that the source of the evidence is tainted (which is considered the tree), then the evidence that is gained from the source, is tainted as well (which is the fruit). Although the fruit of the poisonous tree is nothing more than a…

The Bill of Rights applies to each and every citizen of the United States, while democratic rule of the majority tends to exclude the needs of the minorities. For example, the practice of polygamy by Mormons is certainly a practice of a minority, but this is inhibited by the belief by the majority that polygamy is immoral. Therefore, the democratic rule of the majority inhibited the freedoms of a minority group. The civil liberty of gun ownership is particularly controversial…

The police are the frontlines to investigate and determine if a crime has been committed before it can enter into the criminal justice process. It is up to them to protect, investigate, and respond to various service calls. Therefore, police discretion is the very essence in deciding the best course of action to take that will allow for the most desirable outcome in each unique situation to support community goals. For example, discretion is exercised when an officer pulls over a traffic…

The Exclusionary Rule was created by the Supreme Court in 1914 and extended to state courts in 1961 (Powerpoint). Originally this rule had three main purpose; to protect citizens from intentional or unintentional wrongdoings by the police, to prevent police from misconduct, and to maintain judicial integrity (powerpoint)…

protection of the law and the majority ignored judicial restraint and stare decisis. Harlan believed the case was dealing with the first amendment and should not have lengthen to the fourth amendment; he came to the conclusion that imposing the exclusionary rule “bore quite different responsibilities in this area of law.”…

Facts: Officers came to the home of Miss Mapp looking for a bombing suspect; however, upon the initial visit Miss Mapp under the advise of her lawyer, told officers to return with a warrant. Officers returned with a piece of paper—claimed to be a warrant—and forced their way into the house. When Mapp’s lawyer showed up to the residence, the lawyer was denied the right to see his/her client and when Mapp demanded to see the warrant, the officers showed her a paper which she snatched and placed…

The Decision of DPP v JC The ultimate decision of the courts in DPP v JC was that exclusionary rule, as set out in Kenny, which had been in operation in the Irish jurisdiction for over 25 years, had been incorrectly decided and was no longer to be applied. The new rule allows for evidence which is obtained in an inadvertent breach of an accused’s constitutional rights is to be admitted at trial, whilst any evidence gathered recklessly or knowingly must be excluded, save in extraordinary…

I believe that exclusionary rule is essential in reducing police brutality. Exclusionary rule serves a purpose to ensure that police officers conduct their law enforcement obligations rational, unbiased and appropriately. Exclusionary rule does not weaken police work, but rather progresses competence, efficiency, and professionalism of the police. In Chicago Myron’s Orfield’s study of narcotics officers discovered that substantial improvements arise from exclusionary rule, such as the Chicago…

The Fourth Amendment authorizes that warrants be given by neutral magistrates based on facts given under oath or affirmation. The Judge has to review the affidavits and decide whether the facts determine probable cause to issue the warrant. Also, the judge needs to know why the facts in the affidavit is trustworthy. Search warrants have to be established on hard facts. Locations that are searched must be described in a lot of detail so law enforcement will not needlessly invade privacy. When…