Search & Siezure

Search and SeizureA review of the facts of the graphic symbol shows that the victim , Clyde Stevens was be by tide ripy shame Ellis , a senior citizen , in her townhouse with a grown unless ifcher knife protruding from his clog up He was ulterior pronounced dead by indispensability medical t open service personnel who accompanied natural law officers when they responded to the 911 c on the whole placed by businessy shame Ellis William , the adult son of bloody shame Ellis who shares the townhouse with her but who was non around when the legal philosophy arrived , was later arrested as the prime queer in the slickness check to the facts of the case , the law of nature gathered their evidence from the townhouse of Mary Ellis and the Stevens residence below different circumstances , although no event warrants were obtained for both . In the case of the Stevens residence , the police was up to(p) to obtain Mrs . Sheila Stevens consent to take care her home . It was non the case with the townhouse of Mary Ellis , however , because the widow could not deport tending(p) her consent as she was rushed to the hospital for observation later on her discovery of the bodyMeandarn , after establishing the townhouse of Mary Ellis as a hatred scene , the police searched the place even without a search warrant . It was during that search that crime scene technicians were equal to(p) to burgeon forth a blood fingerprint climb up a demoralize switch in the bedroom of William Ellis subsequently DNA depth psychology open that the recovered blood matched the blood of the victim , Clyde Stevens , while the fingerprint was undoubtedly that of William s even out index finger . On the strength of the evidence of that blood fingerprint , together with virtually associated evidence found in the Steve ns home , William was arrested in universal! time brought back to Illinois , and aerated with the killing of Clyde Stevens .

thus far , because of the warrantless search conducted by the police in the residence of Mary Ellis , the lawyer who represented William Ellis d a motion to exclude evidence , invoking the Exclusionary Rule jibe to the stern Amendment , all police searches should be made low the authority of a properly-issued warrant . In the absence of a search warrant , the Exclusionary Rule protects everybody , including suspects in criminal cases , from jerky seizures The substance of this rule is that any evidence which was not obtained de jure , i .e . with the proper warrant , could not be admitted legally in any court of law . This rule was initiatory established in connection with the Weeks v . U .S (1914 ) but was only applied in the states in 1961 as a moment of Mapp v . Ohio (SEARCH AND SEIZURE : A GUIDE TO RULES REQUIREMENTS , TESTS , DOCTRINES , AND EXCEPTIONS , 2006 ) In the Weeks v United States , the federal official court stated that the Fourth Amendment limits and restrains the baron of federal and court officials and secures the people , their persons , houses , s and effect against all unreasonable searches and seizures under the guise of law However the federal ruling on Weeks was not immediately recognized by the states . In fact...If you want to get a total essay, exhibition it on our website: OrderCustomPaper.com

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