U.s. Constitutional Law

What arguments could you make to keep the drugs from being entered as leaven at trialClearly , the manner of seizure of evidence is in violation of the spirit s constitutionally guaranteed rights , particularly the fourth and sixth amendments . The fourth amendment guarantees a person s right against unreasonable explorees and seizures . Such amendment implies the necessity of try out authorisations , only issued upon envisioning of potential cause which is to be placed only be a judge . The sixth amendment guarantees a person s right to counsel during investigation (Cogan 1997 p In this baptismal font , no explore warrant was presented to the entail . at that place was non scour an attempt to obtain a await warrant . Such is an indication that the investigators could non find probable cause (yet ) to apologize the release of a search warrant . Evidently what was done was a mere angle field day in to obtain incriminating evidence against the accused .

By that alone , the evidence obtained could not be used against the accusedThe case also showed no circumstances to justify an exception to the search warrant requirement . The unsheathed sop up exception is not applicable The evidence was clearly not in plain view as it was inside the luggage of the accused and the accused showed no sign or actions that would place or even at least cause a reasonable article of belief that he is in obstinance of the illegal paraphernalia the investigators were not certain of the existence of the drugs in the t runk if they were , they would...If you want! to beat up a unspoiled essay, order it on our website: OrderEssay.net

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