Legal Reasoning 3

THE FOURTH AMENDMENT ANDTHE FRUIT OF THE POISONOUS TREE DOCTRINEThe situation that elusive Don and constabulary officer Jones in farming X is a good case study in insight the concepts involved in the Fourth Amendment , occurrencely the doctrine of prohibition of usherIn the abridgment of the case , one will see that the alone criminal offence that Don has localizeted is ride with an expired emancipation . And for this case area 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 administration of State X has a clause identical to Amendment IV of the U .S . Constitution , the other evidence obtained by police force incumbent Jones in his encounter with Don cannot be use as evidence against Don in some(p renominal) court by reason of the Fruit of the Poisonous corner Doctrine . This busy doctrine opines that every evidence obtained illegitimately cannot be use in all court since this is in direct plunder of the suspect s Fourth AmendmentAlthough Don did commit a ravishment of law in State X by driving with an expired license , this particular violation does not inescapably warrant a bodily take care or even a wait 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 chip you for whatsoever reason , but are not empower to both(prenominal) information other than your identification nor may they hold come to the fore you without reasonable suspicion (Flex Your Rights , 2006In this particular case , the Police ships officer did not have any justifiable or in all likelihood cause to frisk Don because the latter was not an unassailable or significant threat to the officer nor was t! here any sign that Don carried any irregular weapon . by chance the only reasoning that can be use by the Police incumbent 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 culmination by town , traveling in an easterly counselor-at-law , 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 front on account of a traffic violationFurthermore , if there was any evidence that can be used against Don in this particular case 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 expression that the gist is on the prosecution to p rove the voluntariness of the consent and awareness of the right of choice (Find Law , 2006In this particular case , I am of the...If you want to get a full essay, ready it on our website: OrderCustomPaper.com

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