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
Ask a question
Not a good answer? Get an answer now. (FREE)
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
Which of the following are always protected by absolute immunity from civil lawsuits while they are performing their official duties? judges prosecutors juries police officers
Weegy: Your answer is passive immunity. (More)
Question
Advice|No Subcategories|Expert Answered
Asked 6/18/2012 3:43:19 PM
0 Answers/Comments
Home | Contact | Terms | Privacy | Social | ©2013 Purple Inc.
Ad
Popular Conversations
Solve the inequality 5x
Weegy: 5x User: Solve the inequality 5x Weegy: 5x User: Solve the inequality 12x Weegy: It will be c.x User: Solve the ...
4/23/2014 4:34:04 PM| 7 Answers
Solve for x. x - 8 = -20 -28 -12 12 28
Weegy: 6(x - 2) = 4, 6x - 12 = 4, 6x = 4 + 12, 6x = 16, x = 16/6, or 8/3 in simplest form. User: The sum of ...
4/23/2014 1:27:55 PM| 3 Answers
5x + 4y + 15 + 2x - 8y - 5=
Weegy: The answer for 5x - 4y = 12 is y = 1/4 (5 x-12). User: 8(5a - b) - 6(4b-4a)= Weegy: a^2 - 5a - 6 = (a + ...
4/23/2014 8:09:04 PM| 3 Answers
Which country is not a permanent member of the U.N. Security ...
Weegy: the country which is not a permanent member of the UN council is (c) China. User: Who holds veto power in the ...
4/23/2014 10:11:57 AM| 2 Answers
Zeller, Inc., has 50,000 shares of stock outstanding. Zeller declares ...
Weegy: Zeller, Inc., has 60,000 shares of stock outstanding. Zeller declares a dividend of $580,000. ...
4/23/2014 10:05:10 AM| 2 Answers
What is the European Union?
4/23/2014 11:36:33 AM| 2 Answers
The United States and its allies launched operation “Desert Storm” in ...
Weegy: The United States and its allies launched operation “Desert Storm” in response to Iraq’s invasion of KUWAIT in ...
4/23/2014 11:50:36 AM| 2 Answers
troupe
Weegy: Chorus can be defined as a group of persons who speak or sing in a given part or composition in drama or ...
4/23/2014 11:53:48 AM| 2 Answers
Weegy Stuff
S
L
P
C
L
P
C
Points 1846 [Total 7233]| Ratings 0| Comments 1846| Invitations 0|Offline
S
L
P
C
P
C
1
L
P
C
Points 1807 [Total 9688]| Ratings 0| Comments 1807| Invitations 0|Online
S
1
L
C
L
Points 914 [Total 5717]| Ratings 4| Comments 874| Invitations 0|Offline
S
1
L
1
L
P
Points 581 [Total 7258]| Ratings 2| Comments 561| Invitations 0|Offline
S
L
Points 480 [Total 2927]| Ratings 2| Comments 450| Invitations 1|Offline
S
L
1
1
1
Points 316 [Total 3582]| Ratings 7| Comments 246| Invitations 0|Offline
S
R
Points 267 [Total 379]| Ratings 6| Comments 187| Invitations 2|Offline
S
Points 217 [Total 217]| Ratings 6| Comments 137| Invitations 2|Offline
S
Points 170 [Total 586]| Ratings 0| Comments 170| Invitations 0|Offline
S
1
Points 165 [Total 495]| Ratings 4| Comments 125| Invitations 0|Offline