esssay 3
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Purdue Global University *
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MISC
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Law
Date
Feb 20, 2024
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docx
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Uploaded by MegaNeutron5529
Are there any Exceptions to the Exclusionary Rule
? Is the law enforcement acting in good faith?
If law enforcement, in good faith, thinks that they are acting under a valid warrant. Specifically, if
a police officer believes that a warrant is not required for a search or conducts a search under a warrant that he believes is valid. There are four exceptions to this good faith doctrine.
Under each exception, an officer's good faith reliance will not save an invalid warrant.
When the affidavit underlying the warrant is so lacking in probable cause
that no reasonable police officer would have relied on it, the good faith exception will not apply.
when the affidavit underlining the warrant is so lacking in particularity
that no reasonable police officer would have relied on it, the good faith exception will not apply.
When the police or prosecutor lied to or misled the magistrate when seeking the warrant,
the good faith exception will not be valid
When the magistrate who issued the warrant is biased in favor of the prosecution
, the
good faith exception does not apply. For a warrant to be valid, it must be issued by a neutral and detached magistrate. Is the knock-and-announce rule violated?
The knock-and-announce rule requires police officers to knock on the door, announce their identity and purpose, and wait a reasonable amount of time for the occupants to lift. But it does not apply if the police reasonably suspect that doing so may lead to evidence destruction, the escape of the suspect, or physical violence or if the warrant permits forcible entry.
Searches and seizures can be done without a warrant.
There are eight exceptions to the warrant requirement:
1.
the search incident to an arrest 2.
the automobile exception 3.
the individual consents to the search. 4.
the Plainview doctrine
5.
inventory searches 6.
exigent circumstances include evanescent evidence, hot pursuit, and emergency aid. 7.
special needs, 8.
Stop and frisk.
The Search Incident an Arrest
The arrest must be lawful. If the arrest is unlawful, then the search will be unlawful. Also, the search must be contemporaneous in time and place with the arrest. Note that police may not search digital data on the cell phone of an arrest without a warrant
When the driver of an automobile is arrested the police may conduct a search of the passenger compartment of the vehicle, including any closed containers they're in. Only if the arrestee is unsecure and still may gain access to the interior of the vehicle. Or if the police have reason to believe the vehicle may contain evidence relating to the offense for which the person is arrested.
The Automobile Exception The automobile exception applies when there has not been an arrest, but the police want to search inside a vehicle. The police may search inside a vehicle if they have probable cause to believe that contraband or evidence of a crime will be found in the vehicle. If probable cause exists, police can search the entire vehicle, which includes the passenger compartment and the trunk. In addition, the police can search any container within the vehicle which could reasonably contain the item for which there was probable cause.
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