The Second Amendment

973 WordsAug 8, 20164 Pages
To begin with, the Fourth Amendment was constituted to protect the people from unreasonable searches and seizures. However, there are times and cases in which an investigation is started and evidence is collected illegally. There are doctrines such as The Exclusionary Rule and Fruit of the Poisonous Tree in place to eliminate any evidence to be used in court if obtained illegally. This paper will differentiate the two doctrines as well explain how and why the two could possibly be incorporated in the case of “Who did it.” We will also look into the immunity that government officials may have pertaining to civil liability and see if officers affiliated with the “Who did It” case are protected from their actions. First off, “The…show more content…
This happens when initial evidence is found without a valid warrant. On the other hand, the fruit of the poisonous tree would be once illegal evidenced is seized, additional information is collected based on the original evidenced collected. The fruit of the poisonous tree doctrine is the aftermath of not catching the mistake of the investigating officers. To better understand the two, an example would be a cellphone being seized and search. The exclusionary rule would apply to this. However, if there are messages that lead to a drug bust or trafficking then this would be the fruit of the illegally seized cellphone. At the end of the day, all evidence would be inadmissible in court. In continuation, let us take look at would either the exclusionary rule or the fruit of the poisonous tree doctrine apply to the “Who did it” case. There was vital evidence discovered in the search of Mrs. Ellis’s home that pointed William Ellis to the scene of the crime. In the initial search of the home, a fingerprint was discovered beside the light switch by using amino acid, photographs and a portable argon laser. This later lead to other facts that could answer a lot of questions. This could be looked at in different directions. Some may say that yes, Mrs. Ellis did give consent when she called 911. On the other hand, it could also be looked as if permission was only given to EMS to try helping Clyde Stevens. In addition to, let
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