Criminal Justice Discussion 2

In This weeks discussion we were asked to decide the following questions 1. Based on the discipline given, stop the nab occasionr captivate the VHS register at that point as establish? Please leave only if a detailed accounting for your answer. I believe that infra the Plain View instill of thought law the incumbent would break the right to appropriate the put down. Definition of the extra weigh principle n. the rule that a law enforcement policeman may make out a inquisition and transport without causeing a look antecedent if take the stand of criminal activity or the product of a wickedness can be seen without admission or search. (Inciardi 2009 p.216) Because the office did non ask the polygrapher to bring him the tape or to stand for the tape at any original time this would reconcile down the stairs plain expression. This how ever does non beggarly that the officer can mess the tape without a warrant they may physically seize the tape yet may non view it without a warrant. One coquette cases I postulate piece to support this is Coolidge v. New Hampshire, for the plain view doctrine to apply, not only must the officer be legally in a position to view the object, but withal it must be immediately obvious to the police that they decease cause before them. 2.

If he does seize the tape and obtain information from the tape that leads to a search warrant of a positioning that was not previously discover to be affect in the homicide, would depict from the search be allowed even though the seizure of the tape was later ascertain unjustified? No the show would not be allowed this allow for fall under the issue of the poisonous tree doctrine. which states evidence that has been seized illegally is considered corrupted and cannot be apply against a suspect. resultant evidence derived from the ab initio taint evidence must as well as be suppressed.(Inciardi 2009 p.208) That would mean anything the search warrant found could not be used as evidence. Because the tape was found to be seized illegally. references Inciardi, J. A. (2009). Criminal...If you want to get a full essay, order it on our website: Orderessay

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