Reasonable Suspicion and Exclusionary Rule
Reasonable Suspicion and Exclusionary Rule
- What is the U.S. Supreme Court’s definition of probable cause? For practical purposes, when does probable cause exist?
- The Court says that probable cause is to be determined using the standard of an “objectively reasonable police officer.” What does this mean? Give your own example of an incident where an “objectively reasonable police officer” would have concluded that he or she had probable cause to make an arrest.
- What are the advantages of obtaining a warrant in an arrest and in search and seizure cases?
- How has the case of Illinois v. Gateschanged the interpretation of the two-pronged test established earlier in Aguilar v. Texas?
- What is the exclusionary rule? Does it apply only to violations of Fourth Amendment rights or also to violations of any constitutional right in the Bill of Rights (the first ten amendments to the Constitution)?
- The purpose of the exclusionary rule is to deter police misconduct. Critics, however, say the exclusionary rule has failed to achieve that purpose. Do you agree? Why?
- Is the exclusionary rule a constitutional or a judge-made rule? Can it be modified by the U.S. Congress through legislation?
- What is the silver platter doctrine? Is it in use today?
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Answer preview………….
What is the U.S. Supreme Court’s definition of probable cause? For practical purposes, when does probable cause exist?
The U.S. Supreme Court’s conception of probable cause is found in the case of Brinegar v. United States, 338 U.S. 160 (1949). The Court defined probable cause as the situation where an officer uses his knowledge, based on circumstances and facts and reasonably reliable information, to lead him to decide that a crime has been committed. For practical purposes, probable cause exists when a suspect has put himself in a situation where a reassembly cautious person would hold him to have committed a crime……….
APA 950 words