Exceptions to the Exclusionary Rule
You are a state court judge who has been presented with the following facts.
A criminal defendant was stopped by police after an officer observed him speeding. A computer check showed that the man had an outstanding misdemeanor warrant for his arrest. While he was being arrested, a marijuana joint fell from his pocket. The officer searched his car and found additional illegal drugs. The warrant information was subsequently discovered to be inaccurate in the computer system it had been dismissed. The defendant files a motion to suppress the drug evidence.
In a 2 pages, describe how would you rule on this motion. Please explain with supporting reasons.
1-2 references
thank you
© BrainMass Inc. brainmass.com March 5, 2021, 1:40 am ad1c9bdddfhttps://brainmass.com/law/criminal-law-and-justice/exceptions-exclusionary-rule-608109
Solution Preview
When a criminal defendant is stopped by police for a unlawful offense such as speeding, the officer is stopping the suspect to issue a valid ticket for a valid offense. This does not give the officer the autonomy to search the vehicle of the suspect without further probable cause to do so or permission from the suspect. In this case, a computer check proved that there was an outstanding warrant for the suspect's arrest, which gave the officer ...
Solution Summary
Exceptions to the Exclusionary Rule are provided.