Notice: Payments for answers will end 4/10/2017. Click for more info.
You have new items in your feed. Click to view.
Question and answer
Q: What percentage of cases are dropped because of the exclusionary rule? (Points : 3) approximately 8% less than 10% more than 12% fewer than 2%
A: 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.
26,914,564 questions answered
*
Get answers from Weegy and a team of really smart lives experts.
Popular Conversations
Phototropism
Weegy: Geotropism is the growth response of a plant in response to gravity. User: Which type of plant was the last to ...
5/16/2018 8:45:28 AM| 2 Answers
2. Which of the following is not an example of a nontraditional ...
Weegy: Law firm is not an example of a nontraditional health information technology setting. User: 3. Good coding ...
5/16/2018 10:46:59 AM| 2 Answers
Given the formula E = IR what is the formula for R? A. ...
Weegy: Given the formula E = IR, the formula for R is R = E/I. User: Solve this equation: 80 = 3y + 2y + 4 + 1. ...
5/16/2018 11:47:29 AM| 2 Answers
Strike-slip fault
Weegy: In a strike-slip fault, the rocks on either side of the fault slip past each other sideways. TRUE.
5/17/2018 3:51:47 PM| 2 Answers
Which is not a responsibility of the president
5/18/2018 10:17:31 PM| 2 Answers
S
R
L
R
P
R
Points 216 [Total 658] Ratings 0 Comments 26 Invitations 19 Offline
S
L
Points 212 [Total 223] Ratings 0 Comments 212 Invitations 0 Offline
S
L
Points 130 [Total 130] Ratings 0 Comments 20 Invitations 11 Offline
S
1
L
L
P
R
P
L
P
P
R
P
R
P
R
P
Points 113 [Total 13198] Ratings 0 Comments 103 Invitations 1 Offline
S
Points 30 [Total 30] Ratings 0 Comments 0 Invitations 3 Offline
S
Points 14 [Total 14] Ratings 0 Comments 14 Invitations 0 Offline
S
Points 13 [Total 13] Ratings 0 Comments 3 Invitations 1 Offline
S
Points 13 [Total 13] Ratings 0 Comments 13 Invitations 0 Offline
S
Points 11 [Total 11] Ratings 1 Comments 1 Invitations 0 Offline
S
L
1
R
Points 11 [Total 1416] Ratings 0 Comments 1 Invitations 1 Offline
* Excludes moderators and previous
winners (Include)
Home | Contact | Blog | About | Terms | Privacy | © Purple Inc.