CRJS355(5) Research Paper Example | Topics and Well Written Essays - 1000 words

CRJS355(5) - Research authorship ExampleSeizure of property in plain view should involve no invasion of cover and be presumptively reasonable (Hemmens & Gerherd, 2010 ). Plain sight discovery argon always common during contacts do by somebody to the officers, detentions, and traffic stops. Even though most of the enjoin acquired in this manner may be accepted in court, sometimes part of them may be suppressed. The logic regularisation of evidence states that what a person knowingly exposes to the public, even at his home or office, is not a exposed of Fourth Amendment protection as supported by Hemmens and Gerherd 2010. Evidence obtained is always not just ingestionful be drive an officer of law has seen it. The fact that matters is whether he attained it lawfully so that the prosecutor can use it in court. For the investigator to legally invoke plain sight seizure he essential call back if he had do a lawful discovery of the evidence. He must have had the legal pay off of being in the location from which they initially saw, smelled, or felled the evidence. Investigators upon discovering evidence, they must have a probable cause to believe that the evidence is indeed criminal evidence. Plain view discovery is not always us simple us such, especially when the evidence be to be used in the court of law. Investigators are not allowed to obtain evidence in a place where the suspect reasonably expected privacy. They must have the legal right to enter the place. The exclusionary rule was developed by the courts to deter the federal and the political sympathies from violating the right of unreasonable searches and seizures. Evidences observation in plain view is not a search, and it is also settled that evidences obtained in the course of unlawful search or seizure is not plain view evidence. accordingly the Supreme Court regarded the fourth amendment exclusionary rule as a remedy required by the personality principle, courts have decided to use deli berate and culpable test to determine whether to admit evidence obtained as a result of seizure which is unconditional as a result of an officers error. Evidences that are obtained without questionable search violating the exclusionary rule could ultimately be admissible as evidence in the court. Exclusionary rule does not apply when police officers act with objectively reasonable reliance on a search warrant later found to be invalid (Henning, 1995). Investigators, who mistakenly rather than by design violate constitutional rights, are deterred from future violation by the exclusion law. The doctrine of exclusion by good faith harms the innocent defendants in three ways juror resistance, juror error, and perverse application effect. It has therefore, been difficult for the court to find any distinction between investigators error and third-party error. The court held that investigators violation in obtaining evidence did not trigger the exclusionary rule. In justifying the holdin g of some cases, courts have noted that the logical horror between exclusion in cases involving non-police errors, cannot logically contribute to the deterrence of Fourth Amendment violations. But the errors that are made by the investigators in finding evidences and filling them have resulted to high faulty paperwork. By court allowing these errors in good faith doctrine the scope of its impact remains to be seen. The errors such us demonstrate keeping which may lead to false arrest, unlawful acquisition of evidence could only justify