Criminal Justice Questions Dissertation Example For Download

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Category: College
Subcategory: Law
Level: College
Pages: 3
Words: 825
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The Fourth Amendment jurisprudence did not put in consideration methods used in obtaining evidence presented in court during the defendant`s prosecution. Due to this legal loophole, the police would use any means irrespective of their constitutional justification to collect evidence. The search was not limited by a warrant. In 1961, the Mapp v. Ohio case led to the Supreme Court call for the application of the exclusionary statute to ensure all evidence presented in Supreme Court is obtained using constitutional means, this would, in turn, deter police misconduct and unreasonable seizures and searches (Hansen et al. 201) The exclusionary rule intended to stop arbitrary searches; searches not guided by the constitution. And, secondly, the decree was to ensure that the courts, while doing their legal duty, are not compelled to be part of the illegal conduct of using evidence gathered using illegal means to pass a verdict. Searching a private premise without a warrant and other illogical ...

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