Wednesday, May 1, 2019

Should we have the Good Faith Exception extended to searches and Research Paper

Should we have the Good Faith Exception extended to reckones and seizures - interrogation Paper Exampleditions. The Fourth Amendment is limited to governmental countes and seizures made by the federal government and withal state governments through the Due Process Clause, nicety Felix Frankfurter tell in the case The credentials of ones privacy against arbitrary intrusion by the guard is basic to a free society (Wolf v. carbon monoxide gas 1941)). But in order to derive what an unreasonable search and seizure is, we must fist understand the concept or definition of search. In the landmark case of Katz v. ... Any evidence that argon taken in violation of the Fourth Amendment is impermissible as evidence in any poisonous prosecution in a court. The Fourth Amendment protects man from unreasonable government interference in his occasional life, although several absolute Court cases have provided certain exceptions to this general rule. One of this exceptions established by t he Supreme Court was made in the landmark case of United States v. Leon (1984) is the good faith rule. The event of the case was found on a drug case that was under surveillance by the police authority in Burbank, California. Based on the information given by the officer taking the said surveillance, a certain Officer Rombach filed for an application of a search warrant for three residences upon the review and citation of the District Attorney. A state court judge after reviewing the request, issued a search warrant. Hence, a search ensued and the suspects were indicted for federal drug offenses. Upon trial, respondent suspects moved that the evidence taken in the search be inadmissible as evidence stating that the affidavit lacked sufficient proof of probable cause. Officer Rombach replied in his defense that his trustingness on the search warrant was based on good faith, believing that the officer that gave the information was based on his personal knowledge that would in effe ct lead to a proper probable cause. The Courts judge the defense and thereafter established good faith reliance on a defective search warrant by the court, as an exception to the exclusionary rule in violating the Fourth Amendment. As Justice Brennan and Justice Marshall dissented in the case, I also agree that the good faith exception is a desperate decision that can violate the civil liberties protected by the

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.