Search And Seizure Essay

1453 words - 6 pages

Running Head: SEARCH AND SEIZURESearch and SeizureSearch and SeizureIntroductionIn the given scenario it is observed that it is a simple murder case. Clyde Stevens was murdered brutally murdered and found in the house unresponsive in Mary Ellis's home. Mary Ellis is a widow who lives with his son William Ellis, who is accused in this case. As the investigation progresses the evidences will make this case more clear.DiscussionMurder is the most horrible crime and it is not justified in any circumstances. Murderer not only takes away the life of the person who is murdered but it ruins many lives associated with that person. Punishment is essential for the person who committed this brutal crime. In Steven's murder case, William's house has been searched on the request of Mrs. Steven. After investigating the site (Mary Ellis's house) police collected the evidences like blood stains in William's room, finger prints analysis provided evidence that William is accused. A case is filed against accuse and then evidences and investigation reports would help the jury to decide weather accuse is guilty or not.In this case, William' lawyer first argue to exclude physical evidence excluded. Because according to him evidences are gathered in the absence of house owner without any warrant, which is illegal and violation of fourth amendment in constitution. "In other hand, the moving party in a private injury mishap case would be irredeemably injured by waiting for an in-trial opposition" (Davies & Croall, 2009, 178-182). Lawyer should as well stay careful of the range of the respite sought and must replicate that application in a draft order for the trial court's signature. It is significant that the order include language that is barely customized to the unsuitable indication. Judges are reserved to eliminate wide group of proof but may be further reaction to a narrower request."The exclusionary law has extensive impact on criminal law cases. Particularly, the exclusionary rule has created a system in which the chain of events that occur after illegally obtained evidence is seized must be analyzed to determine whether the evidence and subsequently obtained evidence is indeed admissible" (Hannibal & Mountford, 2009, 354-356). In most cases, the evidence is inadmissible. On further analysis it is some time observed that evidences are manipulated and it is the reason the exclusionary rule is applied in the case.The exclusionary rule is a judicially formed rectify utilized to discourage POLICE MISCONDUCT in attaining proof. Under the exclusionary rule, a judge might eliminate incriminating proof from a criminal trial if there was police delinquency in attaining the proof. Without the proof, the prosecutor may drop the case or lose the blame for lack of confirmation. This law offers various substantive defenses in opposition to unlawful search and seizure. Under the good faith exception, evidence obtained in violation of a person's Fourth Amendment...

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