Wednesday, October 16, 2019
Homework Assignment Number Two Essay Example | Topics and Well Written Essays - 250 words
Homework Assignment Number Two - Essay Example hn) is arrested and arraigned after a thorough investigationsculminating to seizing the flash drive from the library, the existence of an elaborate investigation leading to discoveries of evidence points to a legally conducted investigations, arrest, and preference of charges which points to due process. The exclusion rule here therefore, will concern itself with how the evidence was acquired rather than its prove for commission of crime. An illegal action by police to gain incriminating evidence is inadmissible as evidenced by Oaks (6). In the second situation, the police stop the suspect (John) for speeding, then they go ahead to seize the flash drive. Here, the evidence should be suppressed because the search is obviously illegalas it is circumstantial to the speed ticket. The evidence in the flash drive and the charges thereof would be excluded because the acquisition of it is illegal.Evidence collected in violation of the defendantââ¬â¢s constitutional rights is sometimes inadmissible for prosecution in a court of law. This in effect protects citizens from illegal searches and seizures.In conclusion therefore,the exclusionary rule is addressing itself to a mischief where law enforcers would carry unreasonable searches arbitrarily in breach of laid down rules and procedures governing such
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