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For example, one provision of the Patriot Act "permitted law enforcement to obtain access to tapping stored voicemails by obtaining a basic search warrant rather than a surveillance warrant," even though "obtaining the former requires a much lower evidentiary showing" and wiretapping more accurately seems to mirror surveillance technology, rather than single-incident searches of the premises for specific items (Fourth amendment, 2009, Wex Law). Another provision of the Patriot Act allowed law enforcement to use sneak-and-peak warrants, which meant that they could "delay notifying the property owner about the warrant's issuance" although this was struck down as unconstitutional (Fourth amendment, 2009, Wex Law).
The Patriot Act itself for many Americans highlighted the fragility of American's rights during times of national fear. It also showed the importance of the exclusionary rule, given how even well-intentioned zeal can result in innocent Americans having their privacy being violated by law-enforcement personnel. As surveillance technology grows increasingly sophisticated, the need for the exclusionary rule has grown. Furthermore, the myriad of exceptions for the exclusionary rule highlight the fallacy that the rule frequently results in individuals being let go simply on legal technicalities. In the real world, protecting American's rights is more of a challenge than trying to prevent an entire case dissolving because of a small legal snafu regarding the exclusionary rule.
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Fruit of the poisonous tree. (2009). Law Encyclopedia. Retrieved May 5, 2009 at http://law.jrank.org/pages/7042/Fruit-Poisonous-Tree.html
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"Exclusionary Rule In Defense Of" (2009, May 05) Retrieved October 26, 2016, from http://www.paperdue.com/essay/exclusionary-rule-in-defense-of-22160
"Exclusionary Rule In Defense Of" 05 May 2009. Web.26 October. 2016. <http://www.paperdue.com/essay/exclusionary-rule-in-defense-of-22160>
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The U.S., however, is the only industrial democracy, common law or otherwise, in which courts must throw out tainted evidence in criminal trials. The U.S. Supreme Court decisions establishing and expanding on this principle have collectively come to be known as the "exclusionary rule." Although the rule had its origins in arguments about the morality of obtaining a conviction while relying on improperly obtained evidence, its primary modern justification
The Court cited language from Boyd in support of its proposition. The Boyd Court had held that the Fourth and Fifth Amendments "apply to all invasions on the part of the government and its employees of the sanctity of a man's home and the privacies of life. It is not the breaking of his doors, and the rummaging of his drawers, that constitutes the essence of the offence; but
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Constitutional Violations Two types of remedies that protect citizens against governmental wrong doing and ensure the projections of the Constitution are the Exclusionary Rule and Defense against Entrapment. The Exclusionary Rule means that any evidence that is illegally obtained (without probable cause, etc.) must not be used when prosecuting defendant. The idea is that any issue, statement or evidence illegally obtained is "fruit of the poisoned" tree and denies Constitutional protections.
Troy Stone is showing how the police engaged in questionable tactics. This is based upon the fact that they have a witness who identified him. Yet, they were not able to come up with any corroborating evidence to directly link him to the murder. To make matters worse, they violated his constitutional rights in the process. These issues are highlighting how there were questionable tactics used to obtain the