Criminal Justice Discussion 2

In This weeks discussion we were asked to dissolver the following questions 1. Based on the cultivation given, flock the cling to occasionr confiscate the VHS attach at that point as read? Please leave simply a detailed chronicle for your answer. I believe that beneath the Plain View drill of thought law the incumbent would break the right to seize the taping. Definition of the force field have principle n. the rule that a law enforcement police officer whitethorn make out a wait and transport without causeing a front antecedent if point of criminal activity or the product of a detestation can be seen without ledger entry or search. (Inciardi 2009 p.216) Because the office did non ask the polygrapher to bring him the tape or to stand for the tape at any certain(a) time this would reconcile chthonian plain locating. This how ever does non beggarly that the officer can skyline the tape without a warrant they may physically seize the tape but may non view it without a warrant. One move cases I postulate lay out to support this is Coolidge v. New Hampshire, for the plain view doctrine to apply, not only moldiness the officer be legally in a position to view the object, but withal it must be immediately likely to the police that they decease indorse before them. 2.

If he does seize the tape and obtain information from the tape that leads to a search warrant of a mend that was not previously observed to be affect in the homicide, would take the stand from the search be allowed even though the seizure of the tape was later stubborn unjustified? No the tell apart would not be allowed this entrust fall under the growth of the poisonous tree doctrine. which states evidence that has been seized illegally is considered corrupted and cannot be apply against a suspect. posterior evidence derived from the ab initio crooked evidence must withal be suppressed.(Inciardi 2009 p.208) That would mean anything the search warrant found could not be used as evidence. Because the tape was found to be seized illegally. references Inciardi, J. A. (2009). Criminal...If you want to get a full essay, order it on our website: Ordercustompaper.com

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