The Poisonous Tree

1065 WordsJan 28, 20165 Pages
Reasonableness Introduction Most of us have seen things that officers or other Law agency have done to other individual and have stated that it was either an unreasonable search and seizure of items that was found on or in the individuals’ car, house, etc., but why would they consider it unreasonable? This usually ends up being a problem for individuals who do not understand the law or how it applies to certain situations. This learner will address the definition of what unreasonable means, which at times will lead into the topic of the fruit of the poisonous tree, or probable cause. This learner will try to stay on point, but understands that sometimes law is comingled with other terms so that we can understand where everything is coming from in a case. Then this learner will examine two approaches that are characteristically used to determine reasonableness. Define what unreasonable means Usually when we talk about unreasonable search and seizure by LEOs, one has to ask, what does that mean? Well, unreasonable search and seizure really means that a LEO cannot conduct a search “without a search warrant and without probable cause to believe that evidence of a crime is present, that such a search or seizure is unconstitutional under the Fourth Amendment (applied to the states by the Fourteenth Amendment), and evidence obtained from the unlawful search may not be introduced in court” (“Unreasonable search and”, n.d., para. 1). These type of searches can spill over into
Open Document