You have new items in your feed. Click to view.
Question and answer
Q: Which Supreme Court ruling applied the principles, regarding the exclusionary rule, developed in Weeks v. U.S. to trials in state courts?
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, . . . ]
mayngls_15|Points 400|
Question
Asked 8/13/2013 12:11:57 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.
25,748,424 questions answered
Popular Conversations
Calculate the product 1/3 and 1/5
Weegy: The product of 1/3 and 1/4 is 1/12. Solution: 1/3 * 1/4 = 1/12
5/23/2017 9:39:31 PM| 1 Answers
Is a foodborne illness a disease that is transmitted to people by ...
Weegy: A foodborne illness is a disease that is transmitted to people by food. TRUE. User: Foods that allow ...
5/28/2017 12:27:17 PM| 0 Answers
Stalin used dictatorial methods in Russia. true or false?
Weegy: Stalin used dictatorial methods in Russia. This is True.
5/28/2017 10:29:21 AM| 0 Answers
Stalin used dictatorial methods in Russia. true or false?
Weegy: Stalin used dictatorial methods in Russia. TRUE.
5/27/2017 3:23:39 PM| 0 Answers
2n - 1, where n = 7
Weegy: 2n - 1, where n = 7; 2*7 - 1 = 14 - 1 = 13
5/27/2017 3:20:32 PM| 0 Answers
The unit of measurement "mL" describes what property of a substance? ...
Weegy: The unit of measurement "mL" describes the volume of a substance.
5/27/2017 1:51:49 AM| 0 Answers
  Which of these verbs is spelled the same but pronounced ...
Weegy: Read is spelled the same but pronounced differently depending on the tense.
5/26/2017 3:57:20 PM| 0 Answers
Which branch of government makes the law
Weegy: The legislative branch of government makes the law.
5/24/2017 6:13:01 PM| 0 Answers
Giving human characteristics to objects or ideas is
Weegy: Giving human characteristics to objects or ideas is PERSONIFICATION.
5/24/2017 10:17:32 AM| 0 Answers
The position from which you write about your subject is called your ...
Weegy: The position from which you write about your subject is called your POINT OF VIEW.
5/24/2017 10:03:54 AM| 0 Answers
Weegy Stuff
S
Points 26 [Total 26] Ratings 0 Comments 26 Invitations 0 Offline
S
Points 11 [Total 11] Ratings 0 Comments 1 Invitations 1 Offline
S
Points 10 [Total 10] Ratings 1 Comments 0 Invitations 0 Offline
S
Points 10 [Total 10] Ratings 1 Comments 0 Invitations 0 Offline
S
Points 10 [Total 366] Ratings 1 Comments 0 Invitations 0 Offline
S
Points 10 [Total 10] Ratings 1 Comments 0 Invitations 0 Offline
S
Points 10 [Total 10] Ratings 1 Comments 0 Invitations 0 Offline
S
P
P
L
P
P
P
Points 7 [Total 1730] Ratings 0 Comments 7 Invitations 0 Offline
S
Points 2 [Total 2] Ratings 0 Comments 2 Invitations 0 Offline
S
Points 2 [Total 467] Ratings 0 Comments 2 Invitations 0 Offline
* Excludes moderators and previous
winners (Include)
Home | Contact | Blog | About | Terms | Privacy | © Purple Inc.