The reason we have rules in life are simple‚ to keep order when there is chaos and to guide our behavior in a way that is acceptable by society’s standards. The reason we have laws and procedures to carry out those laws are simple as well‚ to keep the government from infringing on its citizen’s constitutional rights. If the government was to rid itself of the exclusionary rule‚ then it has the potential to be infringing on its citizens rights. The government could essentially walk into anyone who
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Clerical error exception is a result of information that was incorrectly entered into a computer by a court employee. A case best known for a clerical error is Arizona v. Evans. In the court case Arizona v. Evans‚ a police officer initiated a vehicle stop which led to an arrest and the discovery of marijuana. When the officer had ran Evans in the database to ensure the driver was licensed and didn’t have any outstanding warrants‚ the database showed the Evans had a warrant. It was later discovered
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In the words of Malcolm Wilkey‚ “few people have considered the enormous social cost of the exclusionary rule‚ and fewer still have thought about possible alternatives to the rule.(Wilkey‚ 2016)” This article will address these issues. This article also brings up the opinion of several other scholars majorly though of one man by the name of Kamisar’s who wrote Is the exclusionary rule an ’illogical’ or ’unnatural’ interpretation of the Fourth Amendment? This article will likewise touch base in other
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Because of this ruling all illegal evidence obtained is inadmissible in court. Mapp v. Ohio became a precedent for law enforcement and in a court of law. The ruling officially established the exclusionary rule. The exclusionary rule was created to protect Americans from our very own law enforcement and courts. The rule was designed to provide a response to the prosecution and police who illegally gather evidence that violates the 5th Amendment right of self-incrimination. As a Supreme Court Justice my
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Search and seizure in a school setting has always been regarded as a very sensitive topic. Some of the questions that arise are what is deemed to be reasonable grounds to search? What particular rights are there to search? When focusing on the Charter of Rights and Freedoms‚ Section 8 guarantees the right to be secure against unreasonable search or seizure. (Mckay and Sutherland 2006) I will be focusing on two cases that went to court and what can be concluded based on these cases is that there
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On 12/03/2015 at 1035 hours‚ Detective John Reynolds with the Great Bend Police Department and myself had Kerry J. Partridge brought over from the Barton County Jail‚ for an interview. Partridge was taken into the interview room in the Detectives Office‚ in reference to cases that the Great Bend Police Department and the Barton County Sheriff Office was working. At 1045 hours Detective Reynolds read Partridge his Miranda Warning ‚ and had Partridge sign his initial rights form. Partridge said‚ yes
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On Tuesday‚ June 15th‚ 2016 at approximately 2145 hrs while driving a Midland Police vehicle and wearing a standard MPD issued uniform Officer Jimenez was dispatched to 2300 N A st #1006 in reference to a Burglary of a Habitation. MPD Dispatch advised Officer Jimenez that complainant wanted to report that someone broke into his apartment and took several electronic items without his effective consent. Upon arrival Officer Jimenez made contact with the victim identified as Laython Henley(W/M-DOB05/09/1997)
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On 08/30/2016 I‚ Deputy Daniel Pruitt was dispatched to 13249 Dusty Trail for a burglary complaint. I spoke to Craig Young who stated his home was broken into. Craig stated he came home and found the front door open and the house trashed as if someone had burglarized the home. Craig stated he left around 5:30am and no one was at the home from 7:30am til 3:00pm. Craig stated he was not sure what all was missing snice the house was trashed. Craig stated he noticed a few guns were missing. Craig stated
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and all the | |performed with‚ on or witnessed by the| | |jury to hear rules and evidence regarding | |minor‚ which is not otherwise | | |confessions as evidence and admissible | |admissible by statute or court rule‚ | | |statements. |
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ARGUMENTS IN SUPPORT OF THE EXCLUSIONARY RULE Among the arguments in support of the exclusionary rule4 by its proponents are the following: 1. It deters violations of constitutional rights by police and prosecutors. A number of studies and testimonies by police officers support this contention. 2. It manifests society’s refusal to convict lawbreakers by relying on official lawlessness—a clear demonstration of our commitment to the rule of law that states that no person‚ not even a law enforcement
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