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Fourth Amendment Exclusionary Rule and More

I need help answering this questions... Please help me answer this questions:

1. Explain the purpose of the Fourth Amendment Exclusionary Rule as well as discuss both the advantages and disadvantages of retaining the Fourth Amendment Exclusionary Rule.
2. Explain what the "interoperability challenge" is for law enforcement agencies and what steps have and can be taken to eliminate the interoperability problem.
3. Describe several of the ways in which "identity thieves" gather personal information and make use of that information to commit financial crimes and explain what steps that individuals can take to protect themselves from "identity thieves."
4. Explain what DNA evidence is, discuss what crimes it is most helpful for proving both the identity of the criminal perpetrator and explain how DNA evidence has changed criminal investigations and prosecutions over the past twenty years.

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RESPONSE:

1. Explain the purpose of the Fourth Amendment Exclusionary Rule as well as discuss both the advantages and disadvantages of retaining the Fourth Amendment Exclusionary Rule

The Fourth Amendment declares a right to be free from unreasonable searches and seizures, but how one is to translate the guarantee into concrete terms is not specified. Several possible methods of enforcement have been suggested over time; however, the Supreme Court has settled, not without dissent, on only one as an effective means to make real the right (from attached file -see for alternatives).

Specifically, the Fourth Amendment (Amendment IV) to the United States Constitution is one of the provisions included in the Bill of Rights. The Fourth Amendment guards against unreasonable searches and seizures, and was designed as a response to the controversial writs of assistance (a type of general search warrant), which were a significant factor behind the American Revolution. Toward that end, the amendment specifies that judicially sanctioned search and arrest warrants must be supported by probable cause and be limited in scope according to specific information supplied by a person (usually a peace officer) who has sworn by it and is therefore accountable to the issuing court. http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution

One argument of the critics, and the main disadvantage is that is frees the criminal because of technicality. It prevents the police from doing their job, and these restrictions could lead to harm for citizens, so it is also a safety problem. For example, if the police suspected a gun was in the car, but could not search is under the Fourth Amendment, the person could go on to use the gun to harm someone or to commit a crime. It overrides the right to privacy and the bill of Rights.

The main advantage is that it protects private citizens from the 'overzealous' police officers doing searches whenever they want, so it a human right to privacy.

Can you think of other advantages?

2. Explain what the "interoperability challenge" is for law enforcement agencies and what steps have and can be taken to eliminate the interoperability problem.

On of the heartbreaking lessons Americans learned on 9/11 was that our emergency response infrastructure was deeply flawed. The tragedy underscored how important it is for law enforcement agencies to be able to communicate together under duress and coordinate responses. This is the "interoperability challenge" for law enforcement agencies and first responders.

Steps have been taken to eliminate this problem. For example, the use of the tactical interoperable communications scorecard assesses the maturity of tactical interoperable communications capabilities in 75 urban/metropolitan areas. These scorecards were developed by subject matter expert panels that reviewed documentation on current communications plans, exercises, and a self-assessment to arrive at consensus findings and recommendations for each region on how to best improve that region's communications capabilities. The scorecards and the recommendations are being distributed directly to each of the urban/metropolitan areas to focus their regional efforts to improve tactical interoperable communications. The Department of Homeland Security is using these scorecards to focus technical assistance programs and target specific areas of improvement in communications interoperability between all law enforcement agencies (For Tactical Interoperable Communications Scorecards: Summary Report and Findings, click http://www.dhs.gov/xlibrary/assets/grants-scorecard-report-010207.pdf).

The DHS report had some interesting findings. For example, this ...

Solution Summary

This solution discusses several legal topics and terms e.g. purpose of the Fourth Amendment Exclusionary Rule, defines the "interoperability challenge", methods of identity thieves and DNA evidence in crime investigation. Links are provided for further expansion.

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