This amendment restricts their course of action during a criminal investigation (Fourth Amendment, 2013). However, it also bans unreasonable searches and seizures in the context of civil litigation (Fourth Amendment, 2013). A search may only be conducted if suspicion is the motivation to do so (Fourth Amendment, 2013). Under the Fourth Amendment, generalized searches are prohibited unless circumstances which place the general public in jeopardy (Fourth Amendment, 2013). If an individual wants to sue regarding a supposed Fourth Amendment violation, they must have a standing (Fourth Amendment, 2013).
Exclusionary Rule is also grounded in Fourth Amendment and it is projected to guard people from prohibited searches and seizures. This Rule is also intended give a deterrent and remedy, which is short of criminal prosecution in reply to prosecutors and police who unlawfully collect substantiation in infringement of the Fifth Amendment in the Bill of Rights bound to self-incrimination. This rule also assures the right to counsel (Carrie). The exclusionary rule has 3 elements: unlawful act did by an officer or a person who acts as an agent or police, secured evidence, and informal link between the criminal action and the substantiation secured. There are three exceptions to the exclusionary rule.
Courts will not apply the rule to exclude illegally gathered evidence where the costs of exclusion outweigh its deterrent or remedial benefits. Thus, the rule is not triggered when courthouse errors lead police officers to mistakenly believe that they have a valid search warrant, because excluding the evidence would not deter police officers from violating the law in the future (Arizona v. Evans, 1996). In this case, no warrant was obtained and, given the improper consent to search, the motion to exclude the physical evidence filed by William Ellis’s attorney would in all likelihood be granted. In sum, the Supreme Court has addressed the issue of a “murder scene” exception to the warrant requirement on three separate occasions spread out over a twenty year period. In each instance, the Court has emphatically rejected the notion that such an exception exists.
This is the Due Process Model at work. It is protecting the citizens from the state and federal governments from drawing out the trials, and allows for the citizen on trial to bring fourth witness and evidence to support their innocence in a court case. The state and federal government will have limited control over the sixth amendment in a case; such the Crime Control Model does not come into
“For example, it makes little sense to require an officer to obtain a search warrant to seize contraband that is in plain view. Under the Fourth Amendment's reasonableness requirement, the appropriateness of every warrantless search is decided on a case-by-case basis, weighing the defendant's privacy interests against the reasonable needs of law enforcement under the circumstances” (G K. Hill, 2005). Another exception to warrant requirements as it pertains to the above article is that the video released shows there was a lack of physical harm as seen on George Zimmerman. This was important to the prosecution because Zimmerman claimed Trayvon Martin attacked him and his death was a result of self defense. In conclusion, authority’s base warrants on probable cause which are only necessary in a small percentage of cases.
In conclusion, if I were the judge ruling in this case, I could apply the exclusionary rule and any evidence that was obtained during the unlawful search would not be admissible. I would rule this way with the Mapp decision as my precedent, to ensure that police departments are encouraging their officers adhere to constitutional
It also restricts or prohibits the use of certain evidence in sexual offense cases. Conclusion It is important to know the terminology of research in criminal justice because you will have to read reports and if you do not understand what is being written you cannot effectively do your job. Effective research can assist with opening or closing of cases. Using incorrect terms or incorrect information in research can be harmful to the outcome of the question or situation at hand. The credibility of evidence relies often on the handlers, examiners, experts and presenters.
Assignment: Exclusionary Rule Editorial ADJ/255 Contemporary Issues In Criminal Justice The exclusionary rule is an important factor, when it comes to the Fourth Amendment and law enforcement. It has been around for a long time and it serves as an important purpose to the justice system. The exclusionary rule works for the defendants being prosecuted and it one of the benefits they have. Even though it is a benefit there are times, when others try and find ways around it, which violates the defendant’s Fourth Amendment. I personally am in favor of the exclusionary rule and believe it should be enforced because it not right for defendant’s rights to be ignored and dismissed.
Judicial review is the right, or duty, the court has to review the constitutionality of legislation and/or actions taken by the executive branch. The court has the right to choose its cases, but these are brought before them not sought after by the court. What is the separation of powers? This is a form of checks and balances between the executive, legislative, and judicial branches of government. They are in place so as to contain the power of any one branch attempting to overstep its authority and act in a tyrannical matter.
However, there is currently no power for the prosecution to apply to overturn a verdict of acquittal entered at trial. Some of the main instances where the prosecution can seek an appeal or a reviewed. (p. 11) Even though we are being protected under the Fifth Amendment by the United States constitution, it may not give justice to those individuals. After doing this research on double jeopardy, I found that double jeopardy was established by the United States constitutional it come from Fifth Amendment. It protects individual against a second prosecution for the same crime, it also protects us multiple punishments by same crime.