Bill of Rights Discussion

timer Asked: Feb 9th, 2019
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Question Description

One of the major issues in the application of the Bill of Rights in criminal cases is how do we enforce the rights. For this discussion, answer the following questions about search warrants and the exclusionary rule.

  1. Search and Seizure – Review and briefly discuss the six warrantless search methods that have been approved by the Supreme Court as legal. Comment on why these warrantless searches are legal and explain why they are important to law enforcement. You may also disagree with the Court and state why some of the warrantless searches should not be legal.
  2. Exclusionary Rule – Define the Exclusionary Rule. Then state why you conclude that it was adopted.

Initial post must be a minimum of 200 words in length and include documentation of at least one source which you used to support what was written in your post.

Tutor Answer

School: University of Maryland



Bill Of Rights in Criminal Cases
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Bill of Rights
Question One
Warrantless searches are searches and seizures conducted without valid search warrants.
The Fourth Amendment of the U.S Constitution safeguards people’s rights to ensure they are
safe in their houses, and persons against unreasonable seizures and searches (Musgrove, 2014).
Since these unwarranted searches and seizure are violations of the Fourth Amendment, the
exclusionary rule prevents the government from using evidence collected in infringement of the
U.S Constitution (Musgrove, 2014). Warrantless searches and seizures methods include motor
vehicle exception, search incident to arrest, plain view arrest, inventory searches, consent to
search, and stop & Frisk “Terry Stop.”
Obtaining the consent to search a person’s house, pockets, business or vehicle is legal if
specific guidelines are observed (Musgrove, 2014). This warrantless search is legal if a person
being searched will freely and voluntarily waiver his rights as provided by the Fourth
Amendment rights, allowing law enforcement officers consent to execute the search (Musgrove,
2014). This warrantless search should be illegal because problems occur in obtaining the consent
and performing the search. The police and prosecutor experience challenges in proving that the
consent of the defendant was given freely or voluntarily since voluntariness depends on the
circumstance and situation surrounding the asking of consent. For instance, a person may be
intimidated into giving consent.
The motor vehicle exception permits a police officer to search a motor vehicle with no
warrant, and he or she has a credible reason to believe that contraband or evidence is traced in
the vehicle (Musgrove, 2014). Following the Fourth Amendment, a vehicle is readily mobile, and
an apparent reason subsists to suggest that it has evidence or contraband; therefore, the police are



permitted to search a vehicle. This wa...

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