Exclusionary Rule Essay
The question is if the 4th Amendment and the exclusionary rule prevent the government from using the drugs against Eddie at his trial? In my judgment, the exclusionary rule and the 4th Amendment does not apply to Eddie's case, resulting that the drugs can be used against him. I have several reasons for concluding that this is the case. First, the stop of the car was constitutional; the police had a reasonable cause. Second, the search of the car was constitutional, the police had probable cause and they didn’t need a warrant. Third, the search of the battery compartment was valid. Was the stop of the car constitutional? Yes it was valid; the police had a reasonable cause. This proves that the 4th Amendment and the exclusionary rule does not apply to Eddie's case and therefore the drugs can be used against him because the police need a reasonable cause to stop a car and they had one. In the Terry v. Ohio case for example, the police saw two men on a corner talking to each other. One man left the corner and walked by several stores and walked slowly by one looking very carefully into its window. He then returned to the corner and the other man did the same thing, they each did the same thing an excess amount of times. The poli
Was the search of the car constitutional? Yes it was constitutional. The police had probable cause and they didn't need a warrant. This proves that the 4th Amendment and the exclusionary rule do not apply to Eddie's case and therefore the drugs can be used against him because the police had enough cause to search the car. The police need probable cause to search a car; they do not however need a warrant to search a car. The Carroll v. United States case for example, the police were trying to purchase liquor illegally at the time from three men. The three men agreed to sell them liquor, which was illegal at the time because it was during the prohibition period. The men then left in an Oldsmobile, saying they would return with the liquor, they never did. A few days later the cops saw two of the men in the same Oldsmobile they left in from a few days ago. The cops proceeded to stop the car and search it, finding liquor. The suspects’ argued that the search was unconstitutional. The suspects lost the case because the police do not need a warrant to search a car; if they did get one the car would be gone by the time they’ve returned. (2) Probable cause means having reason that would cause the average person to think evidence probably would be found. When the officers asked both suspects their names, they each gave one, neither one showed up as the owner of the vehicle. This being the case, the officers suspected the car to be stolen. Therefore, a search was performed to find out the real owner because the car could be stolen. Those facts created probable cause due to the suspects failing to prove ownership of the car at the time. Was the search o
Some topics in this essay:
United Ross,
Terry Ohio,
Carroll United,
,
reasonable cause,
exclusionary rule,
search car,
4th amendment,
probable cause,
police reasonable cause,
amendment exclusionary rule,
battery compartment,
police reasonable,
stop car,
cause search,
police probable,
4th amendment exclusionary,
police probable cause,
cause search car,
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Approximate Word count = 1118
Approximate Pages = 4 (250 words per page double spaced)
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