Criminal Justice Discussion 2

In This weeks discussion we were asked to answer the following questions 1. Based on the information given, can the arresting occasionr bewitch the VHS tape measure at that point as reason? Please leave whole a detailed explanation for your answer. I believe that below the Plain View school of thought law the incumbent would break the right to seize the tape. Definition of the surplus sensible horizon principle n. the rule that a law enforcement incumbent may make out a search and seizure without causeing a search antecedent if evidence of criminal activity or the product of a crime can be seen without immersion or search. (Inciardi 2009 p.216) Because the office did not ask the polygrapher to bring him the tape or to stand for the tape at any current time this would reconcile under plain discern. This how ever does not beggarly that the officer can view the tape without a warrant they may physically seize the tape solely may not view it with out a warrant. One lawcourt cases I postulate found to support this is Coolidge v. New Hampshire, for the plain view doctrine to apply, not only must the officer be legally in a position to view the object, but withal it must be immediately obvious to the police that they decease evidence before them. 2.

If he does seize the tape and obtain information from the tape that leads to a search warrant of a location that was not previously ascertained to be affect in the homicide, would evidence from the search be allowed even though the seizure of the tape was later decided unjustified? No the evidenc e would not be allowed this go away fall un! der the fruit of the poisonous tree doctrine. which states evidence that has been seized illegally is considered corrupted and cannot be apply against a suspect. consequent evidence derived from the ab initio tainted evidence must in any case be suppressed.(Inciardi 2009 p.208) That would mean anything the search warrant found could not be used as evidence. Because the tape was found to be seized illegally. references Inciardi, J. A. (2009). Criminal...If you want to get a full essay, order it on our website: BestEssayCheap.com

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