Reference no: EM133628751

Case: What constitutes a lawful arrest is when law enforcement has reasonable suspicion that a crime of any nature has been committed. Law enforcement must have probable cause before making an arrest. An effective measures of probable cause is when they're beyond "reasonable doubt" beyond just a suspicion or hunch. There must be probable cause in order to issue a warrant such as, arrest or search warrant. It important to note that suspect law enforcement has their eyes on is the actual offender that committed the act so don't convicted an innocent individual.

One thing to note is evidence that being acquired by police is permitted even if a mistake occur as long as it wasn't committed by law enforcement it would be admitted. The Exclusionary Rule as defined in the book states the requirement that evidence obtained in violation of the constitution during an illegal arrest, search, or other process cannot be used in a criminal trial. Along with the fourth amendment it not specifically states what will happen as a result of "improperly searches and seizures." Which is why Exclusionary Rule there to enforce the fourth amendment. The Exclusionary Rule was debatable because some argue it proved a way out and advocates believe it encourages police honesty. There are also the fruit of the poisonous tree doctrine that states it prohibits in beginning of the trial any type of evidence from being permitted as result of "an illegal seizures and/or searches." However, the fruit of the poisonous tree doctrine has exceptions like independent sources, remove taint, and unavoidable discovery. The fruit of the poisonous tree doctrine similar question the "but for," for instance, if courts need ask, whether the police conduct is unconstitutional and the evidence was acquired anyway if the answer no then the evidence would not be permitted in court however, if it's a yes then the matter in question becomes complex.

1. Why do you agree?

2. Explain your thorough and thoughtful with a support statements with examples, experiences, or references?