Wednesday, August 28, 2019

With respect to the 4th ammendment, briefly explain the following Essay

With respect to the 4th ammendment, briefly explain the following concepts, in doing so be sure to present the respective cases - Essay Example In the landmark case of Silverthorne Lumber Co. v. United States [1920], Federal agents that illegally seized tax books of a suspect and made copies as records of tax evasion. The Court held that such illegal seizure circumvented the Fourth Amendment, and that the records made are fruits from the poisonous tree (illegal seizure of tax books), hence may not be considered in court. However, under the independent source doctrine evidence that is obtained based upon information unrelated to an unlawful search is not fruit of the poisonous tree. In the case of Segura v. United States (1984), law enforcers entered the private premises of the suspect and remained in there until the search warrant arrived. The Supreme Court admitted the evidence found after the search warrant arrived but excluded all others as upon entry without the warrant. The Court held that the question on the legality of entry was irrelevant to challenge the admissibility of evidence due to the independent source of the warrant. In the case of United States v. Leon (1984), a police officer that relied on a defective search warrant with no knowledge of the validity of the basis for how it was obtained was said to have acted in good faith, and the evidence obtained from such defective search warrant was allowed in Court.

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