Exclusionary Rule Assignment: Fruit of the Poisonous Tree (Essay Sample)
You and your partner are members of a narcotics street unit. Your partner is eager to make a bust and is very motivated and exuberant. During your street prowl you pick up a local prostitute who your partner immediately shakes down and finds a vial of cocaine in her purse. At the time she was not under arrest and was not asked for consent to the search. Before you can respond he tells her that if she sets up her dealer she will not get busted for the cocaine possession. Your partner then tells her that if the dealer is not holding any cocaine she is to plant the vial of cocaine in his pocket so the police can find it there when they do the arrest. Identify the issues your partner has that relate to the exclusionary rule. What aspects of this action may shock the conscience of the court? What ensuing evidence found based on this operation may be discarded as “Fruit of the Poisonous Tree”.
source..Exclusionary Rule
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Exclusionary Rule
The exclusionary rule in the USA refers to the legal principles that are under the constitutional law. The principles state that evidence collected or even analyzed in a way that violates the defendant's constitutional rights can sometimes be in dismissible for other criminal prosecution in the courts. During the search, my partner had issues that were relating to the exclusionary rule.
The first issue was relating to the search that he conducted without the defendant's consent. It is always important to show the defendant the search warrant before going ahead with the search. The second issue is the issue of blackmail whereby, he tells the prostitute that she has to set up the dealer so that she will not get busted. It is not his duty to determine the innocence of the prostitute, and the call is unacceptable. The third issue regarding the process of obtaining the evidence was through setting up the dealer. He was asking the prostitute to set up the dealer by planting the cocaine in his pocket.
The most aspect that is going to shock the conscience of the court is the act of my partner asking the prostitute to plant the cocaine in the pocket of the dealer if they do not find cocaine. It will be shocking because the courts have their target that is the drug dealer through t...
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