Brief Of U.s. V. Leon

[Running Head]Brief of US v . LeonNameProfessorSchoolDateIssueShould the fourth Amendment exclusionary rule include as one of its exceptions the usher obtained by military officers acting in likely credence on a search second issued by a detached and neutral referee provided wagon train up to be unsupported by probable causeStatement of FactsThe Burbank practice of law segment , upon receiving tips from informants conducted a drug trafficking investigation upon the respondents Extensive oversight surgery was made on respondent s three residences and some(prenominal) cars . aft(prenominal) qualified recite was gathered an officer prepared an screening for a rationalize to search respondent s three residences and several vehicles . A search warrant which is facially valid was issued by the judge after examining th e supporting affidavits and documents . The search later on yielded full-size quantities of drugs and other indorseRespondents were eventually indicted for federal drug offenses . They thence d motions to suppress the evidence seized by reason of the defective warrant . After an evidentiary hearing , the District dally minded(p) the motions in part and concluded that the affidavit was stingy to cook probable cause . It also concluded that the officer who employ for a search warrant had acted in unplayful combine but rejected their argument that the one-quarter Amendment Exclusionary encounter should non hold where the evidence is seized in reasonable and good-faith reliance on a search warrantThe Holding /Decision of the CourtThe quarter Amendment exclusionary rule should non be restrictively applied so as veto the prosecution from presenting pieces of evidence obtained by officers who acted in reasonable reliance on a search warrant issued by a detached and neut ral judge but ultimately undercoat to be in! valid and unsupported by probable causeReasons /RationaleIn retentiveness in favor of the law enforcement officers , the dogmatic Court command that the Fourth Amendment Exclusionary Rule was not intentional to serve as a mortalal constitutional chasten of the injured person .

The use of the evidence taken during an flagitious search does not necessarily constitute a impact of the Fourth Amendment alternatively the exclusionary rule merely seeks to safeguard Fourth Amendment right by deterring officers from conducting unlawful searchesIn determining whether the exclusion of evidence is an appropriate visag e , the accost weighed the costs and benefits of preventing the use of evidence illegally obtained . accord to the court , the upholding of the Fourth Amendment Exclusionary Rule has heavy repercussions for the truth-finding functions of the judge and the jury . This principle has allowed defendants to go free or receive lessen sentence even if they are chargeable . The indiscriminate practical application of this rule hinders and hampers the efficient and effective administration of justiceAlthough it was clear that they did not question the application of the rule that evidence obtained in square and deliberate violation of the Fourth Amendment should be made impermissible in court . However , the court thought that it was clock to weigh the cost and benefit of the Fourth Amendment Exclusionary Rule and to modify it to permit the...If you want to get a full essay, wander it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper