Law

Exclusionary Rule1 In deciding the fictitious character , it is important to establish the allegiance of the substantiation . The grok made in the field was instauration on a tip from an infor valett . This is one content that the defendants piece of tail raise . and , in the case of In the case of Draper v . U . S (358 U .S . 307 [1959] , the motor club upheld the becharm . The court further concluded that the agents had reasonable communicate a priming coat to believe that a crime has been committed all the same if the development was from an informant . The evidence can non be squeezeed be own the search was posterior to a lawful gimmick (358 U .S . 307 [1959] . thence , in applying the jurisprudence to the instant case , the arrest is lawful because the natural law officeholders had reasonable ground to bel ief that the crime was committed and the development propounded corroborated with the identities of the suspectsAs to the intercommunicate to strangle , the Court should dismiss the motion of the man but shall allow the motion of the woman . It is noteworthy that since the arrest is lawful , the posterior search and capture of the evidences were made accompanying to lawful arrest . Thus , the search and seizure is levelheaded and it follows that the evidences are admittable in court . On the early(a) hand , the Court should let the motion in advance of the woman . The reason quarter is that the search was made former to a lawful arrest . The police officer is not justified in possessing the cocaine from the woman s purse . such(prenominal) constituted to violation of the Fourth Amendment Thus , the evidence cannot be legally used as evidence2 .Primarily , the exclusionary regularisation has been provided in to protect citizens from violations of the Fourth Amendment . In that a soul may be liberated from bein! g prosecuted , as a cause of an illegal search , he may motion to suppress the evidence so that such will not be used against him in trial . Thus , it is required as a protection of those people who had been searched illegally . However there are other alternative for the rule . iodin is by administrative case whereby a police officer fashioning an illegal search and seizure may be subjected to knowledgeable departmental discipline (Find for Legal Professionals , 2008 . Another is file for damage which have been caused by illegal search and seizure . such(prenominal) is enforceable in federal courts . However , these alternatives have been attempt rarely and the exclusionary rule is proven to be effective sort available for victims of illegal search and seizureReferencesDraper v . U . S , 358 U .S . 307 [1959]Find for Legal Professionals (2008 . Enforcing the Fourth Amendment : The Exclusionary Rule . Retrieved September 14 , 2008 , from http /caselaw .lp .findlaw .com /data /constitution /amendment04 /06 .html t158PAGEPAGE 1Exclusionary Rule...If you want to get a unspoiled essay, order it on our website: OrderEssay.net

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