You are the senior partner of a two-man narcotics street unit. Your partner is eager to make a bust and is very motivated and exuberant. During your street prowl, you pick up a local prostitute who your partner immediately shakes down and finds a vial of cocaine in her purse. At the time, she was not under arrest and was not asked for consent to the search. Before you can respond, he tells her that if she sets up her dealer she will not be busted for the cocaine possession. Your partner then tells her that if the dealer is not holding and cocaine she is to plant the vial of cocaine in his pocket so the police can find it there when they do the arrest.
Please answer the following questions.
- Identify the issues of the exclusionary rule your partner has.
- What aspects of this action may shock the conscience of the court?
- What ensuing evidence found based on this operation may be discarded as "Fruit of the Poisonous Tree".
Be sure to cite references in APA format
Identify the issues of the exclusionary rule your partner has.
The exclusionary rule is used to prevent any illegally obtained evidence from being entered into trial to convict a suspect. This would fall ...
This solution answers various questions regarding exclusionary rule.
Exclusionary Rule Issues
Describe the "Exclusionary Rule" and what it is meant to protect the citizens of this country from.
What are the benefits of the Exclusionary Rule? Explain.
Identify at least two methods of demonstrative evidence which would the concept of "Best Evidence".Use scenarios to describe the theory of Best Evidence.
Explain the absolute adherence to avoiding any evidentiary issue that would result in a "Fruit of the Poisonous Tree" violation. Explain the ramifications and results of such a violation. Use at least two scenarios to demonstrate this issue.
Explain the idea behind the courts displeasure with issues like the Christian Burial Speech. What might it mean in the long run to a serious case just as it did with Brewer v. Williams.
Explain the types of behavior that may result in the application of the Shocking the Conscience of the Court Test. Provide at least one scenario as demonstrative instruction.
Provide instruction that coercion is a clear violation of the constitution. What areas are violated and what types of behavior are considered coercion.
What are the liabilities of the Exclusionary Rule? Explain.
What types of errors can occur? Explain
What ramifications can result from these errors? Explain.
Include four references and be sure to reference sources using APA style.