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 mug issued by a detached and neutral appraise provided lurch up to be unsupported by probable causeStatement of FactsThe Burbank guard segment , upon receiving tips from informants conducted a drug trafficking investigation upon the respondents Extensive direction surgery was made on respondent s three residences and some(prenominal) cars . aft(prenominal) suitable recite was gathered an officer prepared an screening for a example 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 affidavits a nd documents . The search later on yielded spacious 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 tending(p) the motions in part and concluded that the affidavit was stingy to generate probable cause . It also concluded that the officer who devote for a search warrant had acted in unplayful doctrine 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 not be restrictively applied so as maintain 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 ul timately raise to be invalid and unsupporte! d by probable causeReasons /RationaleIn retentivity in favor of the law enforcement officers , the dogmatic Court command that the Fourth Amendment Exclusionary Rule was not intentional to serve as a personal 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 clear , the accost weighed the cos ts and benefits of preventing the use of evidence illegally obtained . jibe to the court , the upholding of the Fourth Amendment Exclusionary Rule has heavy repercussions for the truth-finding functions of the judge and the board . This principle has allowed defendants to go free or receive reduced sentence even if they are chargeable . The indiscriminate act 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 red-blooded and deliberate violation of the Fourth Amendment should be made impermissible in court . However , the court thought that it was sequence to weigh the cost and benefit of the Fourth Amendment Exclusionary Rule and to transfer it to permit the...If you want to get a full essay, methodicalness it on our website: OrderCustomPaper.com

If you want to get a full essay, v isit our page: write my paper