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  • Essay / Mapp v. Ohio and the Fourth Amendment - 762

    The United States Constitution has proposed exclusive amendments to promote the rights of its citizens. One of them is the Fourth Amendment. The Fourth Amendment emphasizes that the right of the people to be secure in their persons, houses, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall be issued, except for probable cause , supported by an oath or solemn affirmation, and in particular describing the location of the searches and the people or things to be seized (Worral, 2012). In other words, such an amendment gave prominence to two legal concepts: the prohibition on unreasonable searches and seizures and the requirement to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case, Mapp v. Ohio, and the link with a factual situation (similar case). Both cases will be analyzed, showing the importance of the facts and arguments regarding the exclusionary rule and the poisonous doctrine. In the fact diagram provided, Mark Quickdraw, a detective leads an investigation whose main mission is to capture a drug dealer named Sally Martin. Detective Quickdraw relies on what he heard about the drug dealer. This leads her to believe that she will sell cocaine on the street where she lives. In relation to his belief, this shows the reasonable suspicion he had of the drug dealer. Followed by reasonableness, he sends informant Sneak Pete to his residence with police money in an attempt to buy cocaine. The informant returned and handed over a small bag of cocaine that he had obtained from a man at the residence. He also informs the detective that he suspects the drug dealer has quantities of drugs since he observes white plastic bags and a digital scale. Not satisfactory... middle of document ...... for the Court. This leads to explanations that lead to the conclusion that there are implications to being part of the criminal justice system. The exclusionary rule as well as other terms of justice such as the fruit of the poisonous tree require police and other law enforcement personnel to obtain evidence in an appropriate and procedural manner. regular. According to the Criminal Justice in Action manual, any arrest or seizure is unreasonable unless it is supported by probable cause (Gaines, 2011). More than probable cause, the police should rely on facts and circumstances that will lead them to arrest the individual accordingly. Works Cited Britz, MT (2008). Criminal evidence. Boston, MA: Pearson Education. Gaines, L.K. (2011). Criminal justice in action. Belmont, CA: Wadsworth, Cengage Learning. Worral, J.L. (2012). Criminal procedure. Dallas, TX: Pearson Education .