Fourth Amendment of the Constitution: The 4th Amendment The Fourth Amendment to The Constitution of the United States reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.” Fruit of the Poisonous Tree The exclusionary rule is a mechanism for protecting 4th Amendment rights by, in some circumstances, disallowing illegally gathered evidence from being used against a defendant at trial.
Consider the following scenario: A Case of ‘Who did it?’ Mary Ellis, a widow, lives in a townhouse that she shares with her adult son, William, who does not pay rent. Mrs. Ellis awakens on a Saturday morning and goes to her walk-in closet, where she finds a man whom she recognizes as a neighbor, Clyde Stevens, lying on the floor unresponsive.
Mrs. Ellis calls 911. Minutes later, police and EMS personnel arrive. Mr. Stevens is pronounced dead from an apparent stabbing, as he has a large butcher knife protruding from his back. Mrs. Ellis, a senior citizen, is transported to the hospital for observation, quite distraught. Police establish a crime scene and call for detectives and crime scene specialists, who arrive and begin to investigate. Detectives begin a canvass and interview Clyde Stevens wife, Sheila. Mrs. Stevens tells police that William Ellis has entered her townhouse several times unannounced and on one occasion appeared to be trying to get into her bed. Mrs. Stevens gives the police consent to search the house for any potential evidence that might identify her husband’s killer. Crime scene investigators actively process the scene.
In William’s bedroom, technicians develop a blood fingerprint adjacent to a light switch, using an amino acid stain, after locating the print using the absorptive properties of blood and a portable argon laser. The crime scene investigator photographs the print and recovers a sample of the blood for DNA analysis. The print is from the right index finger of William Ellis, and DNA analysis matches the blood to Clyde Stevens. On the basis of this and associated evidence from the Stevens and Ellis residences, an arrest warrant is issued for William Ellis. William is arrested in Utah and extradited to Illinois to stand trial. His lawyer files a motion to exclude evidence. Complete a 1500-1750-word essay that addresses the following:
• How does the 4th Amendment apply to police entry into a person’s home?
• What is needed for police to obtain a warrant to search a home?
• Under what circumstances can police enter a private residence without one?
• Could police have entered Mary Ellis’s home legally without a warrant?
• To what extent, if any, could police legally gather evidence from the Ellis home without a warrant?
• If police conduct an illegal search, are they civilly liable for their actions? A review of the Mincey v Arizona case will assist in the completion of this assignment. Get Essay Writing Help.
Why Choose Us
Premium Quality Papers
We always make sure that writers follow all your instructions precisely. You can choose your academic level: high school, college/university or professional, and we will assign a writer who has a respective degree.
Professional Assignment Writers
We have a team of professional writers with experience in academic and business writing. Many are native speakers and able to perform any task for which you need help.
Free Unlimited Revisions
If you think we missed something, send your order for a free revision. You have 10 days to submit the order for review after you have received the final document. You can do this yourself after logging into your personal account or by contacting our support.
Timely Delivery and 100% Money-Back-Guarantee
All papers are always delivered on time. In case we need more time to master your paper, we may contact you regarding the deadline extension. In case you cannot provide us with more time, a 100% refund is guaranteed
Original & Confidential
We use several writing tools checks to ensure that all documents you receive are free from plagiarism. Our editors carefully review all quotations in the text. We also promise maximum confidentiality in all of our services.
Customer Support 24/7
Our support agents are available 24 hours a day 7 days a week and committed to providing you with the best customer experience. Get in touch whenever you need any assistance.
Our Assignment Writing Help Services
No need to work on your paper at night. Sleep tight, we will cover your back. We offer all kinds of writing services.
No matter what kind of academic paper you need and how urgent you need it, you are welcome to choose your academic level and the type of your paper at an affordable price. We take care of all your paper needs and give a 24/7 customer care support system.
Admission and Business Papers
An admission essay is an essay or other written statement by a candidate, often a potential student enrolling in a college, university, or graduate school. You can be rest assurred that through our service we will write the best admission essay for you.
Editing and Proofreading
Our academic writers and editors make the necessary changes to your paper so that it is polished. We also format your document by correctly quoting the sources and creating reference lists in the formats APA, Harvard, MLA, Chicago / Turabian.
If you think your paper could be improved, you can request a review. In this case, your paper will be checked by the writer or assigned to an editor. You can use this option as many times as you see fit. This is free because we want you to be completely satisfied with the service offered.