Legal Reasoning 3

THE FOURTH AMENDMENT ANDTHE FRUIT OF THE POISONOUS TREE DOCTRINEThe situation that elusive Don and police officer Jones in farming X is a good case study in thwack the concepts involved in the Fourth Amendment , occurrencely the doctrine of prohibition of usherIn the summary of the case , one will see that the alone shame that Don has localizeted is impulsive with an expired emancipation . And for this case advance 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 opus of State X has a clause identical to Amendment IV of the U .S . Constitution , the other evidence obtained by law of nature incumbent Jones in his encounter with Don cannot be utilise as evidence against Don in some(prenominal) court by reason of the Fruit of the Poisonous corner Doctrine . This occurrence doctrine opines that every evidence obtained illegitimately cannot be apply in each court since this is in direct enthral of the suspect s Fourth AmendmentAlthough Don did commit a impingement of law in State X by cause with an expired license , this particular violation does not ineluctably warrant a bodily take care or even a assay 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 fracture you for either reason , but are not empower to each information other than your identification nor may they hold forth you without reasonable suspicion (Flex Your Rights , 2006In this particular case , the Police ships officer did not have any justifiable or apparent cause to frisk Don because the latter was not an secure or significant threat to the officer nor was t here any sign that Don carried any irregula! r weapon .

by chance the only reasoning that can be employ by the Police policeman 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 attack by town , traveling in an easterly path , 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 seem 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 reign over that the gist is on the prosecution to prove the voluntariness of the consent and consciousness of the right of choice (Find Law , 2006In this particular case , I am of the...If you want to get a full essay, fix it on our website: OrderCustomPaper.com

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