Although the examination of the exclusionary rule may constitute deterrence for law enforcement, the rule still may be considered constitution although its existence (Zalman, M. (2011)). Rationale and Purpose of the Exclusionary Rule The exclusionary rule is separated into three parts. The first part needs an item to be physically collected as evidence. The second part is that the item of evidence has been collected by a governmental officer or a person temporary acting in their behalf, for example; confidential informants. Confidential Informants are told to do acts or buy thing that may be illegal, but they are doing it on behalf of the government (Zalman, M. (2011)).
Although “ ‘searches and seizures inside a home without a warrant are presumptively unreasonable,’ ” Brigham City v. Stuart , 547 U. S. 398 , this presumption may be overcome when “ ‘the exigencies of the situation’ make the needs of law enforcement so compelling that [a] warrantless search is objectively reasonable under the Fourth Amendment ,” Mincey v. Arizona , 437 U. S. 385 . One such exigency is the need “to prevent the imminent destruction of evidence.” Brigham City, supra, at 403. Pp. 5–6. (b) Under the “police-created exigency” doctrine, which lower courts have developed as an exception to the exigent circumstances rule, exigent circumstances do not justify a warrantless search when the exigency was “created” or “manufactured” by the conduct of the police.
- cert was granted ISSUE: - Did the FBI violated Katz 4th Amendment Right? (to privacy) HOLDING: - Yes REASONING: - The phone booth should be considered protected when doors are shut but the 4th amend. protects persons not places from unreasonable intrusion. In a public place, a person can have that reasonable expectation (but isn't protected because of plain view) Since the government was electronically listening and recording the conversation, it is constituted as a search & seizure. Under the 4th amend., the absence of a warrant during a search & seizure (they had probable cause as well) evidence should of been inadmissible.
U.S. Supreme Court Search and Seizure: Arizona vs. Gant 1) The Fourth Amendment to the Constitution of the United States Constitution protect against unreasonable searches and seizures of a person and a person’s property. In order to conduct a search, the police must have probable cause and generally, a search warrant is required in order for the police to search. When law enforcement conducts a search without a warrant, the search is per se unreasonable. This means there is a presumption that the search was unreasonable and the burden is on the government to demonstrate that the search was reasonable and not illegal. Search Incident to a Lawful Arrest: The rationale behind this exception is that a person who has been arrested may destroy evidence or use some type of concealed weapon against the arresting officer.
The fourth amendment prohibits, "unreasonable searches and seizures", and protects citizens' privacy within reasonable measures. Now, how does this tie into modern technology, and should the use of this information be considered a violation of people's constitutional right to privacy? Police should not be able to obtain information stored by personal devices or their carriers, as the Fourth Amendment of the Constitution guarantees privacy to the United States citizens. In that case that the authorities were to use information from a person's personal device without a proper warrant, they would be in direct violation of the Fourth Amendment. The Fourth Amendment was established in order to protect the privacies of the United States
Is Senator Gravel’s alleged arrangement with Beacon Press protected by the Speech and Debate Clause? No Opinion of the Court (White) The Speech and Debate clause of the U.S. Constitution was intended to protect members of Congress from any prosecution that disrupts the legislative process. Therefore, Gravel is justified in his claim that he is protected under it. The aides of a member of Congress are perceived by the Court to be “alter egos” of the member itself. Thus, the Court holds that, by the indistinguishable nature of the characteristics and duties of the members and their aides, the protection provided by the Speech and Debate Clause should be extended to the aides.
Legal Defense Justification and excuse is the two forms of legal defense. Justification is when the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil. Whereas, excuse is when a defendant claims some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law (Schmalleger, Hall,
This was then said to be justified because the car was on public streets so the fourth amendment doesn’t apply. The court of appeals denied the argument implying that you can’t track a person’s movements for an extensive amount of time, because the government would gather more information about your everyday life, then just the location of the car. The Constitution is potentially violated in this case because the use of privacy-invading technologies. Providing the courts with all the evidence reveals this case as an unconstitutional search. This illustrates the conflict between the freedom of individual privacy and the order from the government’s political values.
There are two types of search and seizure, one would be when the government will acquire a warrant permitting the measures, and the second are the ones justifiable with no warrant. Another thing under the fourth amendment there are at least six exclusions for the warrant condition, in which a warrantless investigation is justified so this means it is legitimate under the fourth amendment. This is where the plain view doctrine comes in effect. The plain view doctrine one of these reasons will come into play to make a warrantless seizure, the uncovering of fruits, proof, or accessories or contraband to the criminal offense; legally in the area in which they did the search; finding proof in plain view, and to have probable cause to think that the objects are evidence or contraband and is an instrument in the criminal offense. Some of these prerequisites are established in Arizona v. Hicks, 480 U.S. 321 (1987).
Why are they so important? How can I join? These questions will be answered by the end of my passage now … just read! First of all if you still don’t get by my opening paragraph or know anything about history, I’m gonna explain what Delta Force is. Pretty much it’s a very highly trained, discreet and very well equipped unit that gets missions and targets to eliminate that needs to be done fast and with extreme prejudice.