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The concept of probable cause and the exclusionary rule in relation to searches and seizures. It explains that probable cause requires evidence to support suspicion and that searches without probable cause are considered unreasonable and inadmissible in court. The document also discusses exceptions to the exclusionary rule, such as consent and lawful arrest. It cites court cases to illustrate the application of these concepts in practice.
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When we talk about probable cause, we are referring to the reasonable belief that an individual is going to commit or has already committed a crime or violation of the law. If probable cause is not established before a search, then any search of that person, belongings, or property will more than likely be found to be unreasonable. When something is found to be unreasonable, it means that it will most likely not be able to be used in court when trying to convict the defendant. In order for there to be probable cause, there has to be evidence that will support the suspicion. It requires more than just thinking that someone did something bad, there has to be proof of it. (Busby, 2017) Now I would like to talk about the exclusionary rule. There are several exceptions to this law such as if something is in plain sight. If the police pull someone over and they happen to see a bag of meth in the front seat or on the floorboard, then at that point they can search the vehicle with or without consent. Or let's say that the police happen to see someone laid out on someone's front porch obviously stabbed or hurt and the person who committed the crime is inside, they can search the house for the weapon since the evidence is already right in front of them. (Lawshelf, 2021) The second reason that one would not have to have a search warrant is if the person gives consent to the officer. This actually happens all of the time. It mainly happens during traffic stops. If police suspect unlawful behavior, they will often ask the person if they have permission to search the vehicle or search the person. If the person says yes, it makes things a lot smoother but if the person refuses, then they must get a search warrant. The other reason that police would not need a search warrant is if the search happens due to lawful
arrest. It is common for an officer to pat down a suspect that has been arrested for weapons or drugs. If someone has been arrested for committing a crime, it is not necessary to get a search warrant. It is not a violation of rights to search someone when they have given consent or have clearly committed a crime. There was a court case Weeks vs United States in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment. (JRANK, 2021) Joe did not have a standing to really object to the search because there were children in the house and the reason that the police entered the home without a warrant in hand is because they were in fear of the safety of the children. And because the police had to enter the home to check on the welfare of the children and the the cash, packaging material, and scales were in plain sight on the bed, then they are admissable. The cocaine is not admissable in court because it was found by going into a dresser drawer before the warrant was in their hands. They can only use the evidence that was found out in the open. If they had went into the house and found the cocaine in the drawer AFTER they had gotten the warrant, then they would be able to use all of the cocaine as evidence. So really the only thing that he could object to was the officers going through their personal belongings. We also have to look at the fact that it was not even Joe's house. From a legal standpoint, it was actually Linda's house. I would have gotten verbal permission from Linda to look inside the home to make sure that her, the children, and any other occupants of the house were physically okay. I would have waited on the actual warrant before I started going through the house, especially considering it was not even Joe's owned house. Another court case that is a good reference for this case would be Mapp v Ohio. It was yet another case in which it was found that evidence seized unlawfully could not be used against her in court. The case started in Cleveland, Ohio Police officers entered into Dollree Mapp's house without a proper search warrant. They believed that she was hiding a suspected bomber and
Weeks v. United states - Significance. (n.d.). Retrieved April 18, 2021, from https://law.jrank.org/pages/23951/Weeks-v-United-States- Significance.html