Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
In this case, the interrogation or investigation is excluded on the basis of the exclusionary rule while the physical evidence is excluded on the basis that it's the fruit or product of illegal interrogation.
The significance of the exclusionary and the fruit of poisonous tree doctrine is that they both provide a deterrence approach regarding criminal investigations and the admissibility of evidence obtained from the investigations. Based on constitutional and federal violations, these legal concepts are based on deterrence as the rationale and exclusion as the remedy (Pitler, 1968, p.650). In the scenario involving the warrantless search and seizure of Ellis household, the exclusionary rule and the fruit of the poisonous tree doctrine are significant in determining legality of the investigation and the admissibility of the collected evidence at a trial.
Steps for the Investigation:
As evident in the analysis of the scenario, the law enforcement personnel conducted an unreasonable search and seizure of Ellis household. These actions not only violated the provisions of the Fourth Amendment but were also carried out without some necessary steps. To ensure that the rights of all individuals are protected and promote the admissibility of the evidence at trial, I would carry out two major steps. First, I would secure the crime scene to ensure that there is no possibility of destruction, interference, or removal of evidence. Secondly, I would request for a search warrant in order to carry out the investigations at the crime scene.
In conclusion, the investigation of a crime scene is a crucial element in the arrest and prosecution of criminals...
Some of the legal concepts and regulations governing such investigations include the Fourth Amendment, exclusionary rule, and the fruit of the poisonous tree doctrine. Law enforcement officers need to ensure that they abide by these legal concepts and regulations while carrying out their activities.
References:
Farb, R.L. (2002). The Fourth Amendment, Privacy, and Law Enforcement. Retrieved from University of North Carolina -- School of Government website: http://sogpubs.unc.edu//electronicversions/pg/pgspr02/article2.pdf?
"Fourth Amendment." (1992, October 5). Search and Seizure. Retrieved from U.S. Government
Information website: http://www.gpo.gov/fdsys/pkg/GPO-CONAN-1992/pdf/GPO-CONAN-1992-10-5.pdf
"Fourth Amendment." (n.d.). Legal Information Institute. Retrieved from Cornell University
Law School website: http://www.law.cornell.edu/wex/fourth_amendment
"Fruit of the Poisonous Tree." (2010, August 19). Legal Information Institute. Retrieved from Cornell University Law School website: http://www.law.cornell.edu/wex/fruit_of_the_poisonous_tree
Enforcement Training Center website: http://www.fletc.gov/training/programs/legal-division/legal-division-reference-book.pdf
Review, 56(3), 579-651. Retrieved from http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2807&context=californialawreview
Criminal Law Justification Letter: Mr. Mayor: I would like to inform you of my opinion regarding the shooting incident that transpired at 2 a.m. involving Police Officer Jones. While walking the beat after midnight in a high crime area, Officer Jones was approached by a civilian who claimed to have been assaulted and robbed by an assailant. The victim described her alleged assailant as wearing a red shirt and white pants. Further identification
Criminal Investigation Do you believe the police should have access to these records and be able to use them in their investigations? Yes, in the case that was examined the police should have access to the motor vehicle, employment, criminal records and other pertinent information on the suspect. This is because these pieces of information can establish patterns of behavior that were exhibited prior to and after the burglaries were committed. For
Criminal Justice Research Torres, A.N., Boccaccini, M.T., and Miller, H.A. (2006). Perceptions of the validity and utility of criminal profiling among forensic psychologists and psychiatrists, American Psychological Association, 37 (1), 51-58. Study purpose, research topic, and research questions. This research explores the perceptions of forensic psychologists and psychiatrists in regard to the utility and validity of criminal profiling. It is important to first establish a clear definition of the key term used
Specifically, the Federal Bureau of Investigations (FBI) is one of the premier law enforcement organizations in the world. However, it was conceived, designed, and structured more for the purpose of investigating past crimes and apprehending and prosecuting criminals. For example, the FBI is, by design, a decentralized agency so that field offices in different states can pursue independent investigations. In the field of counterterrorism, the exact opposite structure is
The killing of the two black American young men Amadou Diallo and Louima were separated by about two years but Amadou's killing happened just before the trial of Louima's case. Amadou's killing drew a lot of public interest that was focused on the conduct of the New York Police. It was the only such heated debate since the Knapp commission of the 70s which disclosed corruption in the police department.
Part 1: Criminal Case Brief Name of case U.S. v. Madoff, 08-MAG-02735 It should be noted that Bernard Madoff’s scandal attracted several lawsuits. Some of the main cases include SIPC v. Bernard L. Madoff Investment Securities, SEC v. Madoff, and U.S. v. Madoff. This discussion will focus on U.S. v. Madoff, 08-MAG-02735. Year the crime was committed Being a Ponzi scheme where investors had invested significant amounts of money over a long period of time,