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Intro to criminal justice - Coursework Example

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A search requires a general authorization by an independent judicial official before being executed .On the other hand, according to Van Wagner a seizure is done to obtain evidence…
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Download file to see previous pages The Exclusionary rule prevents the government from using evidence obtained in a violation of the constitution of the United States. This applies to evidence gained from illegal search and seizure. Furthermore, the court may not apply the rule to exclude illegally acquired evidence where the cost of exclusion outweighs the deterrent benefits.
An example is Herring Vs United States of 2009 in which officers in a coffee county arrested petitioner Herring based on a warrant listed in the neighboring Dale county database. A search carried out by the police yielded drugs and gun. However it was later revealed that the warrant had been recalled several months earlier.
There is also the case of Arizona VS Evans of 1995. The other cases include Weeks Vs United States in which the Supreme Court unanimously held that the seizure of items without warrant from a private residence is a violation of the constitution. There is as well the case of Davis Vs United States of 2011, the Escobedo Vs Illinois and finally the case of Mapp Vs Ohio of 1961.
It referrers to a situation where a police officer who is suspicious of an individual temporarily detains the person and moves his hands lightly over the suspects outer clothing to find out if the person is carrying a concealed weapon. If the police officer feels something that seems to be weapon, the police may then reach inside the victims clothing.
Some of the cases that have been associated with stop and frisk in the Supreme Court are include the case of Terry Vs Ohio of the 1968. The case came up when a police officer observed three individuals engaging in a conduct suggestive of robbery. He approached them patted one of them and got a gun. Other cases include the United States Vs Place of 1983, United States Vs Montoya de Hernandez of 1985 and Michigan Vs Chesternut of 1991.
Motor vehicle search may only be done under some narrowed circumstances. For example only after the ...Download file to see next pagesRead More
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