Criminal Court Process
Instructions
5 questions to answer on Constitutional, California State, and local laws.
Answer
Question One The exclusionary rule was created in cases such as Mapp vs. Ohio and Miranda vs. Arizona. The prior case was in relation to violation of the constitutional 4th amendment while the latter was in relation to the violation of both the 5th and 6th amendments. These exclusionary rules were created to avoid police misconduct and prevent the authorities from incriminating suspects due to evidence retrieved via means that violate the US constitution and amendments. The exception that the state is likely to base its arguments on is the good-faith exception. The state will succeed because OO retrieved the evidence (cocaine) by reasonably relying on a search warrant that turned out to be non-existent; there was an error in maintaining the police records. Question Two Based on DD's first...
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