Chapter Problems Assignment Example | Topics and Well Written Essays - 1500 words

Chapter Problems - Assignment ExampleThe fourth Amendment to the U.S.A, states that human rights should non be pillaged from acts pertaining to unreasonable search and seizures (Scheb, 2011). The supreme hail of the United States describes the security personnel as uniformed and armed private actors. In addition, if the security personnel are to be included in the stern Amendment protection, then they should be ready to serve the citizens just like the normal government officials (Cunningham & Taylor, 1984). This will ensure that crime and violence is curbed in all the states that keep back been experiencing increased crime rates. 6. What is the rationale for excluding from exam evince obtained in violation of the quarter Amendment? Is this a compelling justification for the exclusion of criminal evidence from the trial of a defendant accused of a serious felony such as aggravated battery? The main reason that is behind the exclusion from trial evidence obtained in the fourth Amendment may be due to the security officers (Hougan, 1978). It has been noted that the security officers are under estimated in their services. This is due to the fact that they are excluded from the Fourth Amendment protection. ... Since most of these guards are employed by the city government then they are required by the court to comply with the constitutional requirements. The court also proposes that instead of the private police arresting people for crimes committed, they should equip them with the Miranda laws (Cunningham & Taylor, 1984). 8. The Supreme Court has created a good-faith exception to the exclusionary rule where police rely on a search warrant that is later held to be invalid because the magistrate erred in finding probable cause for a search. Should the good-faith exception be extended to cases where police playing in good faith conduct warrantless searches that are later held to be unlawful? In the Fourth Amendment law, the term good faith is used to restor e to the reasonableness state of a police officer in the belief of the existence of a warrant that is in fact invalid (Hougan, 1978). In a criminal prosecution, there is no exception to the Fourth Amendment requirement that all seizures and searches are reasonable in line with the good faith exception. Moreover, when the police violate this Amendment, the evidence is inadmissible to the victim of the search or seizure. Therefore, the only instance where a good faith is necessary is when police rely on a warrant in case of a search or a seizure (Feinman, 2010). When an officer performs a search based on his/ her own facts, and not one the basis of a warrant, then it is hard to claim that the police officer committed an unreasonable mistake. However, if a warrant or any other official authorization of search is required, then the police officer can be reported to have violated an individuals Fourth Amendment