Legal Reasoning 3

THE FOURTH AMENDMENT ANDTHE FRUIT OF THE POISONOUS TREE DOCTRINEThe situation that tough Don and jurisprudence officer Jones in farming X is a good case study in druthers the concepts involved in the Fourth Amendment , occurrencely the doctrine of prohibition of usherIn the epitome of the case , one will see that the alone plague that Don has localizeted is capricious with an expired emancipation . And for this case fix 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 record of State X has a clause identical to Amendment IV of the U .S . Constitution , the other evidence obtained by police incumbent Jones in his encounter with Don cannot be utilize as evidence against Don in some(prenominal) court by reason of the Fruit of the Poisonous corner Doctrine . This limited doctrine opines that every evidence obtained illegitimately cannot be use in each court since this is in direct blow of the suspect s Fourth AmendmentAlthough Don did commit a rape of law in State X by movement with an expired license , this particular violation does not needs warrant a bodily take care or even a re bet 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 hold on you for both reason , but are not empower to every information other than your identification nor may they hold unwrap you without reasonable suspicion (Flex Your Rights , 2006In this particular case , the Police ships officer did not have any justifiable or apt(predicate) cause to frisk Don because the latter was not an fast or significant threat to the officer nor was there any sign th at Don carried any irregular weapon .

by chance the only reasoning that can be employ by the Police ships officer 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 flood tide by town , traveling in an easterly style , 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 search 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 incur 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, enunciate it on our website: OrderEssay.net

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