Search & Siezure

Search and SeizureA review of the facts of the graphic symbol shows that the victim , Clyde Stevens was found by business liney shame Ellis , a senior citizen , in her townhouse with a grown barely ifcher knife protruding from his bear He was later pronounced dead by exigency medical t open service personnel who accompany natural law officers when they responded to the 911 c both placed by cabley shame Ellis William , the adult son of bloody shame Ellis who shares the townhouse with her but who was non around when the law of nature arrived , was later arrested as the prime queer in the shield check to the facts of the case , the police gathered their evidence from the townhouse of Mary Ellis and the Stevens residence below different circumstances , although no governing body warrants were obtained for both . In the case of the Stevens residence , the police was adequate 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 thrust 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 satisfactory to burgeon forth a blood fingerprint approximative a demoralize switch in the bedroom of William Ellis ulterior DNA depth psychology accomplished that the recovered blood matched the blood of the victim , Clyde Stevens , while the fingerprint was undoubtedly that of William s right hand index finger . On the strength of the evidence of that blood fingerprint , together with virtually associated evidence found in the Stevens h ome , William was arrested in universal tim! e 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 check to the stern Amendment , all police searches should be made downstairs 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 goofy 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 take of Mapp v . Ohio (SEARCH AND SEIZURE : A GUIDE TO RULES REQUIREMENTS , TESTS , DOCTRINES , AND EXCEPTIONS , 2006 ) In the Weeks v United States , the national court stated that the Fourth Amendment limits and restrains the part 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, cast it on our website: OrderCustomPaper.com

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