Assignment Instructions
This assessment consists of writing your own factual scenario intended to address at least one of the following: (1) the Exclusionary Rule; (2) private person searches; (3) what constitutes a search; or (4) an exception, such as open fields, abandoned property, search incident to a lawful arrest, or plain feel/view. The scenario should set forth the facts, and identify a possible search problem, and hint at potential exceptions. That is all you need to do for the scenario. Then, you must analyze at least three scenarios written by your classmates. Your analysis should include an explanation as to whether a search occurred, along with any applicable exceptions to the warrant requirement.
For example, Debra Defendant transported 880 pounds of cocaine from California to Arizona. She got lost somewhere in the Arizona Sonoran Desert and Sam Samaritan found her. Sam allowed Debra to stay overnight in his trailer and provided her with a shower and dinner. The next morning, Border Patrol conducted a warrantless search of Sam’s trailer and found Debra’s cocaine. Did Debra have standing to object to the warrantless search of Sam’s trailer?
Assignment 6: Exclusionary Rule
Most of the cases that violated the laws and the legislation of the “US Constitution” cannot be governed by the Government, according to the “Exclusionary Rule.” The “Exclusionary Rule” can be applied to the proofs that are received because of any unreasonable cause that defies the “Fourth Amendment.” This decision was taken in the case of “Mapp v. Ohio.” Based on the judgment passed under the “Sixth Amendment,” the “Exclusionary Rule” is also applicable if the Government unlawfully infringes anyone’s individual freedom. In addition to that, to improperly elicit self-incriminating statements obtained in violation of the “Fifth Amendment,” passed under the “Miranda v. Arizona” ruling, the “Exclusionary Rule” is applicable (Kovera, 2019). Though the “Exclusionary Rule” implication is very versatile, it cannot be applied to civil cases.
In our daily lives, we can see many situations that need the implementation of the Exclusionary Rule to be solved. I have tried to create a fictional situation that needs the implementation of the Exclusionary Rule.
Factual scenario for Exclusionary rule:
After conducting an unauthorized search of D’s home, the specialists come upon a hint leading out to the location of an outside marijuana field 45 feet behind the loading dock of an exact corporation address. The police explore a field and discover the marijuana. Cannabis can be submitted to a specific authority for approval. Despite the fact that the police were directed to the field by information gathered during an illegal chase, a designated authority could come to the conclusion that the field’s closeness to populated areas and inadequate camouflage made its exposure more plausible. D had the choice to reject the extensive illegal search of his home, correct?
Reference
Kovera, M. B. (2019). Racial disparities in the criminal justice system: Prevalence, causes, and a search for solutions. Journal of Social Issues, 75(4), 1139-1164.
