Tuesday, September 24, 2019

Case briefs Assignment Example | Topics and Well Written Essays - 750 words

Case briefs - Assignment Example The case went through the court of first trial all the way to the Supreme Court. At the court of first trial, a suppression motion was granted to the defendant. This is because the court found out that the search warrant that had been issued earlier was not based on a feasible cause. To be specific, the court contended that that search warrant was surrounded by contentions of an untested informer and inadequate validation by the police. Upon the subsequent trial to the Court of Appeal, the court affirmed the decision of the court of first trial. The Court of Appeal declined the exclusionary rule that was put forward of good faith. Lastly, when the case reached the Supreme Court of the U.S, certiorari was granted. The legal issue that was in this case was whether the exclusionary rule to the fourth amendment should be amended so as to permit the usage of evidence acquired by police officers acting in judicious dependence on a search warrant dispensed by an isolated and impartial magistrate but eventually established to be uncorroborated by credible cause. The court held that the exclusionary rule ought to be amended so as allow the use of evidence acquired in the justifiable belief of acting under good faith that a given search warrant conformed to the said fourth amendment. Justice White stated that the exclusionary rule to the fourth amendment ought to be amended so as to allow the use of evidence acquired in the justifiable belief of good faith that an issued search warrant complied with the provisions of the fourth amendment. He argued that the exclusionary rule was a judicial-made remedy and not a constitutional right. He said that the rule’s main objective is to deter the misconducts that may be occasioned by the police officers. He further contended that it can be amended if the police officers have tangible evidence that can be used if it can be shown that the

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