Personal-Opinion-There-are-many-rules-when-it-comes-to-getting-and-enacting-a-search-warrant-law-homework-help

Read each paragraph and give me your opinion do you agree do you disagree with those 4 paragraphs one for each part and if you agree or disagree why or why not

1. There are many rules when it comes to getting and enacting a search warrant. There of course must be probable cause before one can be issued. “A valid search warrant must state “with particularity” the place to be searched and the items being sought in the search. The judge who issues the warrant must also be “neutral and detached,” meaning that the judge has no reason or incentive to issue the warrant beyond the evidence presented in the warrant application” (Johansen, 2017).
After reading through several cases the most common theme on when warrants would not be stale involved child pornography. Many of these also involved evidence that had been on computers, which was allowed to be searched even later. Even if something has been deleted from a computer it’s still there and skilled computer experts can locate it. Murder is also another time when warrants don’t become stale.
The digital age has really eliminated the idea of stale evidence, after all when something is placed online it’s there almost forever. Unless a person is truly a skilled computer expert it’s difficult to remove anything and that makes it far easier for police to find proof of crimes that have been committed.

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2. As a law enforcement officer when evaluating a case and whether or not there is probable cause can sometimes be tricky. There has to be certain issues taken into consideration to meet the criteria of probable cause. As a law enforcement officer good faith and judgement always has to come into play. In the case of United States v Leon taking on the role of a police officer there are some challenges on determining whether the information provided regarding the probable cause of the warrants issued follow the guidelines of the law. One issue is whether the information is good and valid. The other issue is to have to determine whether the information is considered stale after a certain amount of time from when it was received. Due to the lapse of time between information given to law enforcement from the informant and the type of criminal case this is the information has to be evaluated when it comes to determining whether the information is stale. The issue with whether information provided to the police is stale is not just determined by time. Many factors come into play when determining what constitutes as stale information. These factors are length of time, kind of criminal activity involved, length of the actual activity, and the nature of the property that is being seized. Situations where the information would not be considered stale regardless of the length of time would be cases that involves child pornography or murder. In recent years technology has advanced and now with the digital era police are able to use the advanced technology to gather evidence with more accuracy. With technology the issue of staleness has been redefined due to having the ability to have the information time stamped and it eliminates the he said she said factor offering more correct and accurate information.

3. One exception to the exclusionary rule is the Good Faith exception. Law enforcement can sometimes in their haste, make minor mistakes which can have the ability of evidence being excluded, but with this rule, if the mistakes or discrepancies seem truly unintentional, then the findings aside from the initial claim can still be admissible. The good faith exceptions advantages are; the allowance of ability to recover extra evidence to make a stronger case and the ability to recover evidence in a rapid manner within reasonable suspicion. The disadvantages are; the continuous challenge of violation of amendment rights by the accused and the opportunity for possible police misconduct. Another exception to the exclusionary rule is the Inevitable Discovery exception. This exception applies when law enforcement is able to locate evidence legally regardless of illegality of their actions. The advantages are; the potential for a more solid conviction once the evidence is found with or without a statement from the accuser and the increased expertise and training into being able to obtain evidence without a confession. The main disadvantage of this exception is the possibility of pertinent evidence being thrown out due to violations of both Miranda and amendments.The Good Faith exception rule preserves judicial integrity by leaning towards law enforcement and although they have made mistakes, still backing up the integrity of law enforcement officials in belief that the oath they have sworn to is still being upheld. Two other exceptions to the exclusionary rule are; the Purge Taint exception and the Independent Source exception. The Purge Taint exception happens after contact of illegal police conduct and the suspects’ initial voluntary act and the Independent Source exception occurs when an independent source is found and not directly involved in illegal proceedings of police. Maintaining professionalism with both the purge taint and independent source exception would be quite challenging because of the illegalities already made by police officials. They can aide law enforcement in investigating cases by working in unison and gaining a better understanding in finding corrective alternatives and methods in securing evidence.

4. Explain the advantages and disadvantages of a minimum of two of the exceptions to the exclusionary rule: Advantages and disadvantages of Attenuation Doctrine: provide that despite the illegality in obtaining evidence, this evidence could be admissible if the connection between the evidence and the illegal method is sufficiently remote or attenuated Legal Dictionary.net). The disadvantage of attenuation doctrine would be allowing such evidence even though police misconduct has been proven. Advantages and disadvantages of Good Faith Exception: Which is allowing evidence to be obtained by officers who work on a search warrant they believe to be an active warrant. The disadvantage would be officers tampering with evidence during a search warrant, and later finding out the suspect was innocent. Identify which exception to the exclusionary rule you feel preserves the integrity of the judicial system and explain why. I would say the Good Faith Exception preserves the integrity of our judicial system because it allows evidence to be submitted to the courts because the officers believe they are working on an active search warrant, and it protects guilty criminals from being set free to commit the crime again. Propose two additional exceptions to the exclusionary rule and how they would aid law enforcement in investigating cases while still maintainin g professionalism. Permitting third party to be called on when the third party was the target of the investigation. I also think to have the exclusionary rule to be applied to parole and probation violations, which could help in getting defendants to remain good civilians. Explore how the additional proposed expectations would aid law enforcement in investigating cases while still maintaining professionalism. The additional proposed expectations would allow more evidence in proving defendants guilty or innocent and allow for less tainted evidence to be submitted.

 
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