U.s. Constitutional Law

What arguments could you make to keep the drugs from being entered as conclusion at trialClearly , the manner of seizure of evidence is in violation of the individual 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 bear witness authorisations , only issued upon relegateing of potential cause which is to be dictated 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 inculpate . at that place was non scour an attempt to obtain a inquisition warrant . Such is an indication that the investigators could non find probable cause (yet ) to guarantee the release of a search warrant . Evidently what was done was a mere fishing 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 overhear 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 evoke or even at least cause a reasonable article of belief that he is in ownership of the illegal paraphernalia the investigators were not certain of the exist ence of the drugs in the trunk if they were ! , they would...If you want to beat up a luxuriant essay, order it on our website: OrderEssay.net

If you want to get a full information about our service, visit our page: write my essay