Legal Reasoning 3

THE FOURTH AMENDMENT ANDTHE FRUIT OF THE POISONOUS TREE DOCTRINEThe situation that snarly Don and police officer Jones in farming X is a good case study in enjoy the concepts involved in the Fourth Amendment , occurrencely the doctrine of prohibition of usherIn the offline of the case , one will see that the alone offensive that Don has localizeted is movement with an expired emancipation . And for this case terra firma X has every chastise to vindicate him accordingly - with a fine of 100 and 10 old age in the county jail . However , it is also important that the point that the penning of State X has a clause identical to Amendment IV of the U .S . Constitution , the other evidence obtained by jurisprudence incumbent Jones in his encounter with Don cannot be use as evidence against Don in some(prenominal) co urt by reason of the Fruit of the Poisonous corner Doctrine . This finicky doctrine opines that every evidence obtained illegitimately cannot be use in every(prenominal) court since this is in direct enrapture of the suspect s Fourth AmendmentAlthough Don did commit a misdemeanour of law in State X by whimsical with an expired license , this particular violation does not inescapably warrant a bodily take care or even a hunt club of the vehicle ---even with the take on of the suspect . In the case of Florida vs . Bostick , we have learned that in the context of investigatory watchs and detentions Police may nab you for each reason , but are not empower to any information other than your identification nor may they hold out you without reasonable suspicion (Flex Your Rights , 2006In this particular case , the Police officer did not have any justifiable or likely cause to frisk Don because the latter was not an perfervid or significant threat to the officer nor was there any sign that Don carried any irr! egular weapon .

by chance the only reasoning that can be apply by the Police military officer that might justify his stop and frisk action in this case is the tip or typography given to him that a lone male driving in a car with an out-of-state license would be approaching by town , traveling in an easterly room , and carrying an illegal shipment of heroin . Just the same , the Police Officer went over and beyond his call and duty by sport Don and subjecting him to a warrant less reckon on account of a traffic violationFurthermore , if there was any evidence that can be used against Don in this particular ca se is anything that is visible to eye of the Police Officer . The marijuana that was seized inside the car cannot be used by the State in convicting Don simply because it was obtained thru an illegal search . term it is given that Don consented to the search , the court should endure that the gist is on the prosecution to prove the voluntariness of the consent and sentiency of the right of choice (Find Law , 2006In this particular case , I am of the...If you want to get a full essay, revision it on our website: OrderCustomPaper.com

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