Legal Issues Question 9

LegalIssues

Question9

WhatSupreme Court case applied the exclusionary rule to state actions,and what was the reasoning of that case?

Exclusionaryrule is a legal principle under the constitutional law that excludesthe evidence from criminal defendant’s violation of the fourthamendment rights. This right protects the defendants against anyunreasonable seizure or searches by law enforcement personal. TheSupreme Court chose to apply the exclusionary rule to the stateaction due to various reasons.

First,the Supreme Court reasoned that the exclusionary rule is a court-maderule. In other words, the rule is created rather than the statutes ofthe legislative bodies but by the US Supreme Court itself. Inaddition, the rule applies to all federal courts and state courts bythe virtue of the fourth amendments. Furthermore, the exclusionaryrule was created as early as in 1900 hence, it must be good. Siegel(2010), also urge that the rule protect the guilty of the informantsas it monitors the violation of the Fourth Amendments.

Question10

Discussthe different tests the supreme courts have used in establishingprobable cause when working with informants.

Inmost cases, police officers are not always available to witness thecriminal activities therefore, they end up relying on other peopleto provide them with information. Eventually, the officers use othersources to set up an informational probable cause. For these reasons,the Supreme Court came up with two- prolonged tests to establish theprobable cause when dealing with informants.

Thefirst prong test determines the informant’s credibility, identity,as well as the reliability (Harr,Hess, Orthmann, 2012).Further, the test determines whether the informant is a criminal orlaw-abiding citizen. On the other hand, the second prong testevaluates the informant based on reliability of the providedinformation. In addition, the test evaluates the accuracy of thegiven information, and determines whether the informant witnessed thecrime act personally. If the informant is from another source apartfrom the informant, it test evaluates its accuracy.

References

Harr,J. S., Hess, M. H., &amp Orthmann, C. H. (2012). Constitutional lawand the criminal justice system (5th ed.). Belmont, CA: Wadsworth.

Siegel,L. J. (2010).&nbspIntroductionto criminal justice.Belmont, CA: Wadsworth, Cengage Learning.