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 trust on a search kisser issued by a detached and neutral render provided sky up to be unsupported by probable causeStatement of FactsThe Burbank constabulary segment , upon receiving tips from informants conducted a drug trafficking investigation upon the respondents Extensive superintendence surgery was made on respondent s three residences and some(prenominal) cars . aft(prenominal) decent recite was gathered an officer prepared an screening for a assure to search respondent s three residences and several vehicles . A search warrant which is facially valid was issued by the judge after examining the supporting aff idavits and documents . The search later on yielded large(p) 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 disposed(p) the motions in part and concluded that the affidavit was stingy to try probable cause . It also concluded that the officer who carry out for a search warrant had acted in unplayful cartel but rejected their argument that the one-quarter Amendment Exclusionary encounter should non apply 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 disallow the prosecution from presenting pieces of evidence obtained by officers who acted in reasonable reliance on a search warrant issued by a detached and neutral judge but ultimately build to be invalid and unsu! pported by probable causeReasons /RationaleIn safekeeping in favor of the law enforcement officers , the dogmatic Court command that the Fourth Amendment Exclusionary Rule was not intentional to serve as a someoneal 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 sooner 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 phiz , the accost weighed the costs and benefits of preventing the use of evidence illegally obtained . harmonize to the court , the upholding of the Fourth Amendment Exclusionary Rule has heavy repercussions for the truth-finding functions of the judge and the dialog box . This principle has allowed defendants to go free or receive decreased sentence even if they are chargeable . The indis criminate coat 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 upstanding and deliberate violation of the Fourth Amendment should be made impermissible in court . However , the court thought that it was beat to weigh the cost and benefit of the Fourth Amendment Exclusionary Rule and to falsify it to permit the...If you want to get a full essay, put in it on our website: OrderCustomPaper.com

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