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Jane T(LLC)
Jane T(LLC), Bachelor's Degree
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You Be The JudgeRead the following fact scenario.

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Assignment: You Be The Judge Read the following fact scenario. Then write a 3–5 page paper, using the concepts in your learning from the class to discuss the applicability of and/or exceptions to the “exclusionary rule” by examining the impact of introduction and suppression of evidence in a criminal trial. Fact Scenario John is having a drink at a local bar and starts talking with David. After a few hours, John takes a dollar bill out of his pocket, rips it in half, and gives the other half to David. John does this whenever he meets someone that he considers his friend. After John leaves the bar, he starts walking down the street to his home when he is attacked from behind by two men. Officer Smith, a rookie officer on his second day on the job, is parked in a nearby parking lot and sees the attack. He chases the attackers down the street where they run into a house. Once in the house the men turn off all of the lights and lock the door. Officer Smith knocks on the door and a man tells him to go away without opening the door. Officer Smith says “I saw you attack that man in the street. Come out here with your hands up.” The man in the house says that he is alone and has not left the house all day. Officer Smith tries to talk the attackers out of the house for 30 minutes, but they do not come out. Several of Officer Smith’s fellow officers had gone to a judge, obtained a search warrant, and were on their way to the house. Officer Smith, tired of waiting, decides to kick down the door, arrests the two men inside, and finds a pocket full of half torn dollar bills. The two men are taken to the police station and confess to attacking and robbing John. What Would You Do…? As Defense Attorney Imagine that you are the defense attorney for the two men, and have decided to file a motion to suppress prior to trial. What evidence are you going to seek to suppress? What is the reasoning to suppress the evidence? As Prosecutor Acting as the prosecutor in the case, what are the arguments against the defense’s motion to suppress? Be sure to include exceptions to the exclusionary rule. As the Judge Then, acting as the judge, rule on the defense’s motion to suppress. In providing the arguments to suppress/not suppress and in providing your ruling as the judge in this case, use at least three outside research sources retrieved from an electronic library or database [i.e. WestLaw] to support those argument[s] and the ultimate ruling. Outside resources retrieved are to be cited/referenced consistent with APA guidelines. Click here for the Westlaw Search Instructions. Directions for Submitting Your Assignment Compose your paper in Microsoft Word and save it with a name you will remember. Be sure to include your name, class, and section number in your Assignment. Submit your Assignment by selecting the Unit 7: Assignment Dropbox by the end of Unit 7. ID: CJ305-07-08-AS

Submitted: 10 months ago.
Category: Long Paper (3+ pages)
Expert:  Josie-Mod replied 10 months ago.
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Customer: replied 10 months ago.

I still need it

Expert:  Josie-Mod replied 10 months ago.
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Expert:  Jane T(LLC) replied 10 months ago.
Hi,

If you like I can help you to understand in which of the indicated scenarios the evidence would be admissible or inadmissible given the exclusionary rule, so you can write the paper. Let me know if you would like that.
Customer: replied 10 months ago.

yes that is fine

Expert:  Jane T(LLC) replied 10 months ago.
Great, I will have that shortly.
Expert:  Jane T(LLC) replied 10 months ago.
Hi,

First I wanted to provide you with a good resource of why the exclusionary rule exists and why it is necessary. That is available here.

The resource here offers a good explanation of the exceptions to the exclusionary rule that allow evidence to be admissible even when it would otherwise be excluded by the exclusionary rule.

On this, the evidence mentioned is that obtained when Officer Smith enters the house (the bills). In law there are always arguments why something is, or is not, admissible.

In this case the Officer lacked a warrant and can be said to have made an illegal entry. There was no probable cause to suspect the men were a danger to themselves or others when they were in the house nor to believe they were destroying evidence, so the officer's entry was illegal and not made due to exigent circumstances. Any evidence obtained under the illegal entry, therefore, is inadmissible.

Likewise, in this case, the prosecutor can argue two things to make the evidence admissible: (a) exigent circumstances (to prevent destruction of evidence) and (b) active pursuit (as other officers were actively, at the time Smith broke the door down, trying to get a search warrant). Active pursuit, however, is only "law" in certain states, not in all. See here and here. Both of these are exceptions to the exclusionary rule.

Let me know if you have any questions.
Jane T(LLC), Bachelor's Degree
Satisfied Customers: 8435
Experience: Writing expert (published and written on many subjects).
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Customer: replied 10 months ago.

Just got your response reading over...

Expert:  Jane T(LLC) replied 10 months ago.
I forgot to add something for you - remember that Officer Smith had no idea those half bills existed at all, so he could not worry about evidence he did not know existed might be destroyed. The prosecution may need to argue the officer had probable cause to fear the suspects were getting away to make it exigent.

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