Criminal Justice Discussion 2

In This weeks discussion we were asked to answer the following questions 1. Based on the information given, can the arresting occasionr simulate the VHS tapeline at that point as inference? Please leave exclusively a detailed explanation for your answer. I believe that downstairs the Plain View school of thought law the policeman would break the right to seize the tape. Definition of the transparent find out principle n. the rule that a law enforcement military officer whitethorn make out a take care and seizure without causeing a search antecedent if evidence of criminal activity or the product of a crime can be seen without gate 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 legitimate time this would reconcile under plain military position. This how ever does non beggarly that the officer can view the tape without a warrant they may physically seize t he tape that may not view it without a warrant. One tap cases I postulate found 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 unpatterned to the police that they decease evidence before them. 2.

If he does seize the tape and obtain information from the tape that leads to a search warrant of a location that was not previously sight to be affect in the homicide, would evidence from the search be allowed even though the seizure of the tape was later situated unjustified? No the ev idence would not be allowed this pull up st! akes fall under the fruit of the poisonous tree doctrine. which states evidence that has been seized illegally is considered corrupted and cannot be apply against a suspect. attendant evidence derived from the ab initio tainted evidence must alike 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: BestEssayCheap.com

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