Pros And Cons Of Good Faith Exception

Decent Essays

The Good faith exception issued by the Supreme Court of the United States v. Leon recognized evidence that has been collected in violation of the privacy right protected by the Fourth Amendment to be used in a trial in case the police acted in good faith as answered on detective search warrant (Hall, 2014). During Leon case, the judge issued a warrant which was facially deficient, but without officer recognizing the language as long as there is reasonable reliance on that warrant police officials believe they could execute. (McDonald, 1986) The Court held illegally seized evidence may be used in federal and civil trials to impeach statements made by a defendant who lacks standing on the Fourth Amendment. The Supreme Court uses the term good faith when referring to the objective reasonableness of the police in the belief of the existence of a warrant that is non-existent benefits. The Court concluded that evidence should not be suppressed where it is discovered by officers in the course of actions that are taken in good faith and reasonable belief that they are authorized. (McDonald, 1986)

Yes, I think "good faith" exception should be extended to warrantless searches when an officer has a good-faith belief that probable cause exists. However, good faith exception is not an exception when it comes to the Fourth Amendment clause of all seizures to be reasonable. Instead, it is an exception to the rule of when the police violate the Fourth Amendment the following evidence is

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