Drug Evidence Analysis

FACTS: In Lexington, Kentucky officers were suspicious of a subject who was suspected to be a drug dealer. The officer initiated an observance of the subject’s movements and followed the subject to an apartment where the odor of marijuana was admitting. The officers made their presence known and immediately heard sounds that the believed were indications that the subject was destroying possible evidence. The officers knocked and explained they were making entry into the room. The officers forcefully enter the apartment and observed the primary subject, additional subjects, and drugs including paraphernalia in the open. The subject was brought to The Circuit Court where the court denied the motion of the defense team to remove the evidence from the case based on the entry of the officers being unjust due to not having a proper search warrant. The defense team entered a guilty plea to obtain the authorization to appeal The Circuit Courts ruling. The Kentucky Court of Appeals affirmed this request which prompted The Supreme Court of Kentucky to reverse the decision. This action was based on the courts assumption that additional exigent circumstances did exist however, it did not proved the officers the proper authorization to conduct a

And yes like all citizens the fourth amendment does apply to all, but if the officer had to impound the vehicle, the marijuana would have been found and an added charges would have implied to stoddard

Facts: In Lexington, Kentucky, police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent as well as drugs laying out without having to look anywhere. later the police found more drugs and paraphernalia doing a more in-depth search. “The Circuit Court denied respondent’s motion to suppress the evidence, holding that exigent

The defendant, Jim through his lawyer, has the right to appeal for another hearing of his case in a supreme court. When a state court decision is not satisfactory to the defendant because of lack of reasonable explanation, the defendant can ask for clarification for the decision made. The search and seizure of illegal drugs in Mr. Jim’s house was by nature illegal. To begin with the officers were acting on an invalid search warrant which is a violation of the Fourth Amendment, and a police misconduct. The Fourth Amendment was implemented to guard the citizen's privacy rights and restricts the police against unreasonable searches and seizures. For this reason, the drugs seized at Jim’s house should not be used as evidence to convict him. Jim

In the case of Illinois v. Gates, 462 U.S. 213 the court dismissed the charge the based on information in error. Therefore the illegal drugs that were found on the premises during the search had to be thrown out based on the poisonous fruit. Does the warranty at 10 did not have the drugs in the actual warrant on which they were looking for. Indeed, applying the exclusionary rule to warrant searches may well reduce incentives for police to utilize the preferred warrant procedure when a warrantless search may be permissible under one of the established exceptions to the warrant requirement. See ante, at 236; Brown v. Illinois, 422 U.S., at 611, and n. 3 (POWELL, J., concurring in part); P. Johnson, New Approaches to Enforcing the Fourth Amendment 11 (unpublished paper, 1978). See also United States v. United States District Court, 407 U.S. 297, 316-317 (1972); United States v. Ventresca, 380 U.S. 102,

The Fourth Amendment is the basis for several cherished rights in the United States, and the right to the freedom of unreasonable searches and seizures is among them. Therefore, it would seem illegitimate- even anti-American for any law enforcement agent to search and seize evidence unlawfully or for any court to charge the defendant with a guilty verdict established on illegally attained evidence. One can only imagine how many people would have been sitting in our jails and prisons were it not for the introduction of the exclusionary rule.

The arrest was not legal because there was no probable cause. It would be different if they had gotten a call of suspicion and a description matching that person. You can not just go on a gut feeling you need to have an actual probable cause. Frisk is the search for weapons. She was stopping this person to search for drugs. She also orders the man to put up his hands and does not ask if she can search. This could be because she thinks she has probable cause. Also the evidence would not be admissible because the arrest was not legal. The exclusionary rule would apply to this situation.

If the trial judge did not exclude the evidence from the trial, then the Supreme Court must overturn the conviction. In some cases, the accused will be retried without the use of the illegally obtained evidence. In other cases, there will not be a retrial because the illegally obtained evidence was the basis of the prosecution's case. The story of the birth and evolution of the exclusionary rule is complex and demonstrates the unique problems the Supreme Court has had to face when interpreting the Fourth Amendment."

“The purpose of the exclusionary rule is not to redress the injury to the privacy of the search victim . . . . Instead, the rule's prime purpose is to deter future unlawful police conduct and thereby effectuate the guarantee of the Fourth Amendment against unreasonable searches and seizures” (Estreicher & Weick, 2010, p. 4). They are saying is that the need for the rule is to deter illegal techniques that police use to obtain evidence, not to simply give more rights to the defendant. As Estreicher and Weick pointed out, “all of the cases since Wolf requiring the exclusion of illegal evidence have been base on the necessity for an effective deterrent to illegal police action” (Estreicher & Weick, 2010, p. 4). So instead of looking at the exclusionary rule as the end-all-right that citizens are

The Fourth Amendment protects citizens from unlawful seize and searches; therefore, officers need to have a search warrant to enter a dwelling. In the Supreme Court case of Mapp v. Ohio, the Supreme Court announced the exclusionary rule. The exclusionary rule states that any evidence obtained during a search that violates a person’s constitutional rights can be inadmissible in court (Hendrix, 2013, p.162). Dollree Mapp requested a search warrant and the present of a lawyer. She did not give the police the consent to enter her home. However, in the situation concerning the marijuana, plain view doctrine allows officers to seize contraband that is visibly seen on a person’s premises. Plain view is not considered a search; therefore, it is

The Exclusionary rule requires that any evidence taken into custody be obtained by police using methods that violates an individual constitutional rights must be excluded from use in a criminal prosecution against that individual. This rule is judicially imposed and arose relatively recently in the development of the U.S. legal system. Under the common law, the seizure of evidence by illegal means did not affect its admission in court. Any evidence, however obtained, was admitted as long as it satisfied other evidentiary criteria for admissibility, such as relevance and trustworthiness. The exclusionary rule was developed in 1914 and applied to the case of Weeks v. United States, 232 U.S. 383, and was limited to a prohibition on the use

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To determine whether or not the admission of evidence is constitutionally permissible can be a very tough decision. There are many laws and regulations that must be adhered to in order for evidence to be admissible to ensure that a defendant’s right are not violated. One of the most important rules that help protect against illegal evidence being admitted into evidence is the Exclusionary rule. This rule helps to ensure that evidence which is admissible into criminal prosecutions are not only relevant and reliable, but have not violated the fourth or fifth amendment due to misconduct. Specifically, the exclusionary rule forbids evidence obtained by violating a defendant’s constitutional rights to be introduced by the prosecution for the purpose of proving direct guilt Gardner & Anderson, 2013, pg. 218-219).Police misconduct often leads to evidence that can either be obtained legally through the use of illegal evidence, evidence that is illegally obtained through violations of other rules, regulations, a defendants rights, or evidence that is obtained illegally but falls under one of the exclusionary rule exceptions such as the plain view doctrine (Gardner & Anderson, 2013, pg. 219-221).

There has always been the thought that police can abuse their power especially when it comes to collection of evidence that could incriminate someone for something that was illegally obtained. The exclusionary rule was put in place to counteract evidence that may have ben illegally obtained to be inadmissible in a court of law with few exceptions to the rule.

For pharmaceutical and biotechnology industries deal with drug development there also required identifying the toxicity related to drugs and for that high clinical importance and High-throughput methods are highly in demand. The cell integrated impedance sensor would fulfill these requirements. This study related to induced cardiotoxicity drugs in late- stage and that human induced pluripotent stem cell derived cardiomyocytes (iPSC-CMs) integrated inter-digital impedance sensor array to produce a iPSC-CM-based biosensor array used to detect beating pattern with high-throughput and high-consistency. The usual withdrawal approved drugs for example astemizole, sertindole, cisapride, and droperido for hERG inhibition were examined by