Criminal justice Amendment

Law
Tutor: None Selected Time limit: 1 Day

Explain what constitutes an unreasonable search or seizure. Use examples to support your response. Explain how the exclusionary rule and fruit of the poisonous tree apply.

Aug 20th, 2015

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The search-and-seizure provisions of the Fourth Amendment are all about privacy. To honor this freedom, the Fourth Amendment protects against "unreasonable" searches and seizures by state or federal law enforcement authorities.

The flip side is that the Fourth Amendment does permit searches and seizures that are reasonable. In practice, this means that the police may override your privacy concerns and conduct a search of you, your home, barn, car, boat, office, personal or business documents, bank account records, trash barrel, or whatever, if:

  • the police have probable cause to believe they can find evidence that you committed a crime, and a judge issues a warrant, or
  • the particular circumstances justify the search without a warrant first being issued.
The “fruit of the poisonous tree” is a doctrine that is very similar to the exclusionary rule. Under the fruit of the poisonous tree doctrine evidence obtained from illegal arrest, search or seizure is not admissible in the court of law.
Such evidence is excluded by the courts at the time of trial and the State is prevented from using the same as evidence.


Please let me know if you need any clarification. I'm always happy to answer your questions.
Aug 20th, 2015

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Aug 20th, 2015
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