Wednesday, June 19, 2019

With respect to the 4th ammendment, briefly explain the following Essay

With respect to the 4th ammendment, briefly explain the following concepts, in doing so be confident(predicate) to present the respective cases - Essay ExampleIn the landmark case of Silverthorne Lumber Co. v. United States 1920, Federal agents that illegally seized tax books of a suspect and do copies as records of tax evasion. The Court held that such illegal seizure circumvented the Fourth Amendment, and that the records made are harvest-times from the poisonous tree (illegal seizure of tax books), hence may not be considered in court. However, under the independent source doctrine secern that is obtained based upon information unrelated to an unlawful search is not fruit of the poisonous tree. In the case of Segura v. United States (1984), law enforcers entered the private premises of the suspect and remained in there until the search rationalise arrived. The Supreme Court admitted the evidence found after the search warrant arrived but excluded all others as upon entry wit hout the warrant. The Court held that the question on the legality of entry was irrelevant to challenge the admissibility of evidence due to the independent source of the warrant. In the case of United States v. Leon (1984), a police officer that relied on a defective search warrant with no knowledge of the validity of the basis for how it was obtained was said to have acted in good faith, and the evidence obtained from such defective search warrant was allowed in Court.

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