Brief Of U.s. V. Leon

[Running Head]Brief of US v . LeonNameProfessorSchoolDateIssueShould the fourth Amendment exclusionary rule include as one of its exceptions the usher obtained by military officers acting in likely opinion on a search kisser issued by a detached and neutral enounce provided geared wheel up to be unsupported by probable causeStatement of FactsThe Burbank legal philosophy segment , upon receiving tips from informants conducted a drug trafficking investigation upon the respondents Extensive oversight surgery was made on respondent s three residences and some(prenominal) cars . aft(prenominal) qualified recite was gathered an officer prepared an screening for a secondment to search respondent s three residences and several vehicles . A search warrant which is facially valid was issued by the judge after examining the supporting affidavits and documents . The search later on yielded bear-sized quantities of drugs and other indorseRespondents were eventually indicted for federal drug offenses . They thence d motions to suppress the evidence seized by reason of the defective warrant . After an evidentiary hearing , the District dally disposed(p) the motions in part and concluded that the affidavit was stingy to piece probable cause . It also concluded that the officer who use for a search warrant had acted in unplayful trust but rejected their argument that the one-quarter Amendment Exclusionary encounter should non moderate where the evidence is seized in reasonable and good-faith reliance on a search warrantThe Holding /Decision of the CourtThe quarter Amendment exclusionary rule should non be restrictively applied so as prevent the prosecution from presenting pieces of evidence obtained by officers who acted in reasonable reliance on a search warrant issued by a detached and n eutral judge but ultimately set in motion t! o be invalid and unsupported by probable causeReasons /RationaleIn memory in favor of the law enforcement officers , the dogmatic Court govern that the Fourth Amendment Exclusionary Rule was not intentional to serve as a personal constitutional chasten of the injured person .

The use of the evidence taken during an flagitious search does not necessarily constitute a impact of the Fourth Amendment preferably the exclusionary rule merely seeks to safeguard Fourth Amendment right by deterring officers from conducting unlawful searchesIn determining whether the exclusion of evidence is an appropriate stock warr ant , the accost weighed the costs and benefits of preventing the use of evidence illegally obtained . jibe to the court , the upholding of the Fourth Amendment Exclusionary Rule has heavy repercussions for the truth-finding functions of the judge and the board . This principle has allowed defendants to go free or receive cut sentence even if they are chargeable . The indiscriminate industriousness of this rule hinders and hampers the efficient and effective administration of justiceAlthough it was clear that they did not question the application of the rule that evidence obtained in material and deliberate violation of the Fourth Amendment should be made impermissible in court . However , the court thought that it was period to weigh the cost and benefit of the Fourth Amendment Exclusionary Rule and to measure up it to permit the...If you want to get a full essay, enounce it on our website: OrderCustomPaper.com

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