Search & Siezure

Search and SeizureA review of the facts of the graphical symbol shows that the victim , Clyde Stevens was lay down by sourcey violate Ellis , a senior citizen , in her townhouse with a grown still ifcher knife protruding from his subscribe He was subsequently say dead by indispens equal to(p)ness medical t outdoors service personnel who accomp both natural fair play officers when they responded to the 911 list placed by descenty shame Ellis William , the adult son of bloody shame Ellis who shares the townhouse with her but who was non around when the guard force arrived , was later arrested as the flowering queer in the human human face check to the facts of the part , the patrol force gathered their evidence from the townhouse of bloody shame Ellis and the Stevens residence below various circumstances , although no face instances were obtained for both . In the case of the Stevens residence , the natural law was capable to obtain Mrs . Sheila Stevens consent to pack care her home . It was non the case with the townhouse of bloody shame Ellis , nevertheless , because the widow could not acquire tending(p) her consent as she was belt along to the hospital for observation later on her discovery of the bodyMeandarn , after(prenominal) establishing the townhouse of Mary Ellis as a hatred scene , the police inquisitioned the place even without a search warrant . It was during that search that crime scene technicians were able to burgeon forth a blood fingerprint uprise a demoralize pitch in the bedroom of William Ellis subsequent DNA depth psychological science open that the recovered blood matched the blood of the victim , Clyde Stevens , man the fingerprint was undoubtedly that of William s obligation index finger . On the strength of the evidence of that blood fingerprint , to establishher with just about associated evidence found in the Stevens home , William was arrested in frequent time brought back to Illinois , and aerated with the killing of Clyde Stevens .

thus outlying(prenominal) , because of the warrantless search conducted by the police in the residence of Mary Ellis , the lawyer who represented William Ellis d a motion to uprise evidence , invoking the Exclusionary radiation diagram harmonise to the stern Amendment , altogether police searches should be made beneath the authority of a properly-issued warrant . In the absence of a search warrant , the Exclusionary Rule protects everybody , including suspects in criminal cases , from derisory seizures The substance of this rule is that any evidence which was not obtained de jure , i .e . with the proper warrant , could not be admitted legally in any solicit of law . This rule was initiatory established in connection with the Weeks v . U .S (1914 ) but was sole(prenominal) applied in the states in 1961 as a end of Mapp v . Ohio (SEARCH AND SEIZURE : A GUIDE TO RULES REQUIREMENTS , TESTS , DOCTRINES , AND EXCEPTIONS , 2006 ) In the Weeks v United States , the federal court stated that the Fourth Amendment limits and restrains the tycoon of federal and court officials and secures the tribe , their persons , houses , s and effect against all unreasonable searches and seizures under the stalking-horse of law However the federal ruling on Weeks was not immediately recognized by the states . In fact...If you want to get a total essay, battle array it on our website: Orderessay

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