Police and The Rule of Law

Topics: Exclusionary rule, United States Constitution, Law Pages: 1 (353 words) Published: November 11, 2013

Intro 2 CJ - Abstract

Police and the Rule of Law Police and the Law of Rule is a key component of the Fourth Amendment which controls law enforcement officials. The Fourth Amendment contains two parts: the reasonableness clause and the warrants clause. Each clause is independent because a search can be reasonable without a warrant, but if a warrant is required, certain steps must be taken. There are 3 requirements that must be met before a warrant can be secured. There are 6 general rules for serving warrants .Police and the Rule of Law captures the nuances of 7 types of warrantless searches and arrest. Katz v. United States is the key Supreme Court case dealing with Electronic Surveillance which discusses the nature of the right to privacy. Recent electronic surveillance technologies that have benefited the police include GPS tracking devices and video cameras in public areas. The Rule of law requires that police advise people who are both in custody and interrogated of their constitutional right from the Fifth Amendment not to incriminate themselves. Line ups are one of the primary means that the police have of identifying suspects. A suspect is placed in a group for the purpose of being viewed and identified by a witness. The police must follow the exclusionary rule which is designed to exclude evidence obtained in violation of a criminal defendants Fourth Amendment. It is a court made rule passed by the U.S. Supreme Court. It provides that all evidence obtained by illegal searches and seizures is admissible in criminal trails. “Fruit of the Poisonous Tree” or indirect evidence means the exclusionary rules has been extended. Example: If a police officer conducted an unconstitutional l(4th Amendment) search of a home and obtained a key to a train station locker, and evidence of a crime came from the locker the evidence would most likely be excluded .Exceptions to the exclusionary rule...
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