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Q: What remedies are available to Dollree Mapp besides the exclusion of the evidence? Which would you recommend?
A: In the concurring opinion, Justice Black expressed doubt that the Fourth Amendment alone could be used to prohibit illegally obtained evidence's use in state courts to convict, primarily because such an exclusion is not explicitly stated. [ He believed the language restricting unreasonable searches and seizures is framed too modestly to allow an interpretation so vast as exclusionary. These
differences aside, he claims, along with previous court decisions, that when the "Fourth Amendment's ban against unreasonable searches and seizures is considered together with the Fifth Amendment's ban against compelled self-incrimination, a constitutional basis emerges which not only justifies, but actually requires the exclusionary rule." ]
BRAINSTORM|Points 3057|
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Asked 6/12/2012 8:53:10 PM
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