U.s. Constitutional Law

What arguments could you make to keep the drugs from being entered as read at trialClearly , the manner of seizure of evidence is in violation of the intellect s constitutionally guaranteed rights , particularly the fourth and sixth amendments . The fourth amendment guarantees a person s right against unreasonable explorees and seizures . Such amendment implies the necessity of leaven authorisations , only issued upon surfaceing of potential cause which is to be determined only be a judge . The sixth amendment guarantees a person s right to counsel during investigation (Cogan 1997 p In this baptismal font , no explore warrant was presented to the impeach . at that place was non scour an attempt to obtain a attend warrant . Such is an indication that the investigators could non find probable cause (yet ) to dislodge the release of a search warrant . Evidently what was done was a mere look for field day in to obtain incriminating evidence against the accused .

By that alone , the evidence obtained could not be used against the accusedThe case also showed no circumstances to justify an exception to the search warrant requirement . The unsheathed sight exception is not applicable The evidence was clearly not in plain view as it was inside the luggage of the accused and the accused showed no sign or actions that would taper or even at least cause a reasonable article of belief that he is in bullheadedness of the illegal paraphernalia the investiga tors were not certain of the existence of th! e drugs in the trunk if they were , they would...If you want to beat up a full phase of the moon essay, order it on our website: BestEssayCheap.com

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