Question and answer
What percentage of cases are dropped because of the exclusionary rule? (Points : 3) approximately 8% less than 10% more than 12% fewer than 2%
The primary purpose of the Exclusionary Rule "is to deter future unlawful police conduct and thereby effectuate the guarantee of the Fourth Amendment against unreasonable searches and seizures." (United States v. Calandra (1974) 414 U.S. [ [ 338 [38 L.Ed.2nd 561]; Illinois v. Krull (1987) 480 U.S. 340 [94 L.Ed.2nd 364]; People v. Robles (2000) 23 Cal.4th 789, 799.) "?[T]he "prime purpose" of
the [exclusionary] rule, if not the sole one, "is to deter future unlawful police conduct." [Citations]' (Citations)" (Italics added; People v. Sanders (2003) 31 Cal.4th 318, 324.) It is also the purpose of the Fourth Amendment to "safeguard the privacy and security of individuals against arbitrary invasions by government officials." (Camera v. Municipal Court (1967) 387 U.S. 523, 528 [18 L.Ed.2nd 930, 935].) An otherwise lawful seizure can violate the Fourth Amendment if it is executed in an unreasonable manner. (United States v. Alverez-Tejeda (9th Cir. 2007, citing United States v. Jacobsen (1984) 466 U.S. 109, 124 [80 L.Ed.2d 85].) Evidence illegally obtained by private persons, acting in a private capacity, is not subject to the Exclusionary Rule. (See Krauss v. Superior Court (1971) 5 Cal.3rd 418, 421; People v. North (1981) 29 Cal.3rd 509, 514; Jones v. Kmart Corp. (1998) 17 Cal.App.4th 329, 332.) Even a peace officer, when off-duty and acting in a private capacity, may be found to have acted as a private citizen. (See People v. Wachter (1976) 58 Cal.App.3rd 911, 920, 922.) However, the Exclusionary Rule is not intended to prevent all police misconduct or as a remedy for all police errors. "The use of the exclusionary rule is an exceptional remedy typically reserved for violations of constitutional rights." (United States v. Smith (9th Cir. 1999) 196 F.3rd 1034, 1040.) Not all courts are in agreement that such a remedy is reserved exclusively for constitutional violations. (See discussion in United States v. Lombera-Camorlinga (9th Cir. 2000) 206 F.3rd 882, 886-887, and in the dissenting opinion, p. 893.) A civil rights "action under (42 U.S.C.) section 1983 "encompasses violations of federal statutory law as well as constitutional law." (Maine v. Thiboutot (1980) 448 U.S. 1, 4, . . . ] ]
Expert answered|bluplemud|Points 60|
Question
Asked 6/18/2012 3:58:14 PM
0 Answers/Comments
Get an answer
New answers
Rating

There are no new answers.

Comments

There are no comments.

Add an answer or comment
Log in or sign up first.
Questions asked by the same visitor
19,736,009 questions answered
Popular Conversations
Evaluate the following expression. (81)0 0 1 8 User: ...
Weegy: Answer : If m=2 and n= -1 To evaluate m0 - n2 is 2(0) - -1 (2) = 0 - -2 = =+2 or simply 2 User: Evaluate the ...
3/2/2015 11:47:48 AM| 6 Answers
Simplify 7 · 6 · 2h · d.
Weegy: Please state your question again. The one that you have put cannot be understood by Weegy! User: Simplify 7 · ...
3/2/2015 1:02:06 PM| 5 Answers
Solve. -6b = -15
Weegy: -6b = -15 15 - 6b = 0 b = 5/2 User: Fill in the blank with the appropriate number. ____ - 39 = ...
3/1/2015 7:14:02 PM| 3 Answers
Describe the location of the point that has the following ...
Weegy: First Quadrant. User: Find the value of 7 + 32 (-5 + 1) ÷ 2. User: What is the fractional equivalent of ...
3/2/2015 10:04:10 AM| 3 Answers
-6 + (-2)
Weegy: (-6)^-2 = 1/(-6)^2; = 1/36 User: 2/5*2/5
3/1/2015 7:42:50 PM| 2 Answers
Because the soil was depleted during the time of the Dust Bowl many ...
Weegy: moved westward to coastal states User: How did environmental changes in the Great Plains lead to changes in ...
3/1/2015 8:28:08 PM| 2 Answers
(b3)2
Weegy: B3 was an American pop boy band from New York. They were formed in 2001 and were first produced by O-Jay of ...
3/2/2015 10:45:03 AM| 2 Answers
Weegy Stuff
S
L
P
L
P
P
Points 105 [Total 7991]| Ratings 0| Comments 105| Invitations 0|Offline
S
1
L
1
L
P
P
L
P
P
P
Points 67 [Total 16982]| Ratings 0| Comments 67| Invitations 0|Offline
S
1
L
L
Points 41 [Total 7542]| Ratings 0| Comments 41| Invitations 0|Offline
S
P
C
L
P
L
1
Points 31 [Total 7338]| Ratings 0| Comments 31| Invitations 0|Offline
S
Points 14 [Total 105]| Ratings 0| Comments 14| Invitations 0|Offline
S
Points 10 [Total 378]| Ratings 0| Comments 10| Invitations 0|Online
Points 0 [Total 0]| Ratings 0| Comments 0| Invitations 0|Offline
Points 0 [Total 0]| Ratings 0| Comments 0| Invitations 0|Offline
S
Points 0 [Total 0]| Ratings 0| Comments 0| Invitations 0|Offline
S
Points 0 [Total 0]| Ratings 0| Comments 0| Invitations 0|Offline
Home | Contact | Blog | About | Terms | Privacy | Social | ©2014 Purple Inc.