Exclusionary rule

Would America have thrived without the Bill of Rights? Without the Bill of Rights, the Constitution would not have been formed. James Madison promise of individual rights calmed the debate between the Federalist and the Anti-federalist, which aided in the ratification of this document. The reassurance that federal government would not resemble that of England, which impose on individual liberties, must be maintained to keep the promise of the democratic experiment of a more perfect union. It is…

Fourth Amendment One of our most fundamental rights, the Fourth Amendment, where its importance its crucial to comprehend for the sake of every individual in the United States. This particular amendment protects the right of the people to be secure in their persons, houses, papers against unreasonable searches and seizures( Swanson, Territo & Taylor, 2017). The Fourth Amendment and its meaning are essential for people to comprehend as we are prone to mistakes from police officers since not…

concept of innocent until proven guilty. “Given the presumption of innocence that is implicit in our constitutional scheme, the rights of criminal suspects and defendants flow from and give effect to that presumption and the rule of law itself.” Both due process of law and rule of law are procedural guarantees that protect against tyranny to allow for liberty. With due process, there are set procedures and expectations, that leave little room for deviation from the law, much like the Miranda…

the papers to the U.S. marshal’s they went back again on the same day with a marshal still without a warrant and seized more papers and documents. The reason this case is important is because the Supreme Court implemented a new rule called the exclusionary rule. This rule means that all illegally seized documents or evidence is not to be used in court. The case was a unanimous vote for…

Is a person's private property really private? Unreasonable search and seizures where he or she feels violated by a sheriff or police officer because they did not have a warrant on them to search the person or their property. The right that is being discussed is protection against illegal search of self, home, or property. A person has the right and should always say no if a sheriff or police officer do not have a warrant with them. Most people say this, “fruit of the poisonous…

The NYC computer forensics investigative procedures contain eight stages with electronic tools that are used to support an investigation. The first step that is taken is obtaining a search warrant, & in order to do this there must be probable cause to present to a magistrate. How probable cause is identified is by an investigation, or information obtained in a legal standard& documented by the officer who is seeking the evidence, & he/she must prepare an affidavit that defines the area to be…

State typology has been identified as one of the conditions which make genocide more likely. Under the democratic peace theory, it is believed that democratic states are less likely to engage in internal and external wars. In fact, Rummel (1995, p. 25) opines that the best way to prevent such acts of mass killing are to encourage “democratic openness, political competition, leaders responsible to their people, and limited government”. It is argued that totalitarian and autocratic regimes have…

The current global migration crisis has permeated political discourse around the world. The conflicts that push people away, and the benefits that pull people to certain states are dynamic and multifaceted. The specific situation of people who flee their home country in search of safety is brought to question here, and the complexities and contradictions the process involves. Displaced persons seeking asylum are protected under the 1951 United Nations Refugee Convention, but sovereign states…

suspicion of involvement in criminal activity but short of probable cause to arrest. A traffic stop can be considered a Terry Stop, with the driver and passenger being held, and possibly ordered out of the car and searched. (Terry stop, 2016) 3. Exclusionary…

392 U.S. 1 (1968) Terry V. Ohio Facts: Police Detective Martin McFadden was an off duty police officer dressed in normal street clothes. On the afternoon of October 31, 1963 McFadden was walking around in downtown Cleveland. While he was out and about two men caught his eye. The men Chilton and Terry were standing on a street corner. McFadden was used to noticing strange and suspicious things and the behavior of these men struck him as suspicious. They were pacing up and down the street…