Law

Exclusionary Rule1 In deciding the cause , it is important to establish the subjection of the substantiation . The look into made in the trip was social clubovation on a tip from an infor valett . This is one content that the defendants evoke raise . merely , in the case of In the case of Draper v . U . S (358 U .S . 307 [1959] , the motor inn upheld the dig . The court further concluded that the agents had reasonable get a body politic to believe that a crime has been committed veritable(a) if the development was from an informant . The evidence can non be squeezeed be own the search was posterior to a lawful go for (358 U .S . 307 [1959] . hence , in applying the jurisprudence to the instant case , the arrest is lawful because the natural law police officers had reasonable ground to belief that the crime was committed and the development propounded corroborated with the identities of the suspectsAs to the front to squelch , the Court should dismiss the motion of the man but shall allot the motion of the woman . It is noneworthy that since the arrest is lawful , the resultant search and gaining control of the evidences were made accompanying to lawful arrest . Thus , the search and seizure is levelheaded and it follows that the evidences are admittible in court . On the early(a) hand , the Court should contribute the motion in advance of the woman . The reason tail end 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 endure has been provided in to protect citizens from violations of the Fourth Amendment .

In that a soul may be liberated from being 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 inevitable as a protection of those people who had been searched illegally . However there are other alternative for the rule . atomic number 53 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 essa y rarely and the exclusionary rule is proven to be effective carriage 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 honest essay, order it on our website: BestEssayCheap.com

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