Legal Reasoning 3

THE FOURTH AMENDMENT ANDTHE FRUIT OF THE POISONOUS TREE DOCTRINEThe situation that tough 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 compendium of the case , one will see that the alone abuse that Don has localizeted is whimsical with an expired emancipation . And for this case bow 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 genius 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 apply as evidence against Don in some(prenominal) court by reason of the Fruit of the Poisonous corner Doctrine . This especial(a) doctrine opines that every evidence obtained illegitimately cannot be employ in either court since this is in direct itch of the suspect s Fourth AmendmentAlthough Don did commit a misdemeanor of law in State X by driving with an expired license , this particular violation does not ineluctably warrant a bodily take care or even a lookup 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 menstruum you for each reason , but are not empower to all information other than your identification nor may they hold emerge you without reasonable suspicion (Flex Your Rights , 2006In this particular case , the Police officer did not have all justifiable or liable(predicate) cause to frisk Don because the latter was not an change or significant threat to the officer nor was there any sign that Don carried any irregu! lar weapon .

by chance the only reasoning that can be use 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 education , 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 appear 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 dominion that the gist is on the prosecution to prove the voluntariness of the consent and sentiency of the right of choice (Find Law , 2006In this particular case , I am of the...If you want to get a full essay, consecrate it on our website: OrderCustomPaper.com

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