Friday, June 14, 2019

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

Should we have the Good Faith Exception extended to searches and seizures - question Paper Exampleditions. The Fourth Amendment is limited to governmental searches and seizures made by the federal government and also state governments through the Due Process Clause, arbitrator Felix Frankfurter said in the case The security of ones privacy against arbitrary intrusion by the police is basic to a free society (Wolf v. atomic number 27 1941)). But in order to understand 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 tell apart that are taken in violation of the Fourth Amendment is inadmissible as evidence in any crook prosecution in a court. The Fourth Amendment protects man from unreasonable government interference in his daily life, although several Supreme Court cases have provided authoritative exceptions to this general rule. One of this exceptions established by the Supreme Cou rt was made in the landmark case of United States v. Leon (1984) is the good faith rule. The detail of the case was based on a drug case that was under surveillance by the police authority in Burbank, California. Based on the study 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 thanksgiving 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 corporate trust 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 instal lead to a proper probable cause. The Courts accepted 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 turn back that the good faith exception is a dangerous 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.