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Essay / Research Paper Abstract
A 9 page paper answering two discussion questions addressing Fourth Amendment procedural issues and providing a 5-page position paper on whether the exclusionary rule should be changed. The paper concludes that the rule does need to be altered to be made more workable, but that present there is not a viable alternative that has been proposed between 2000 and 2005. Bibliography lists 11 sources.
Page Count:
9 pages (~225 words per page)
File: CC6_KScrimLawProc5.rtf
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Unformatted sample text from the term paper:
Had Joe not been involved in the jewelry robbery and instead simply had been one "in the know" because of the circles in which he traveled, the
manner in which the deputies secured a "buyer" not connected with the sheriffs department could have been quite different. Of course the sheriffs department wants to both find the
stolen jewelry and bring those responsible for stealing it to trial, but the manner in which they approached gaining their information risks leaving at least one of the apparently guilty
free. The deputies should not have been acting in an official capacity during their off-duty hours. As officers of the law, they
are held to higher standards than ordinary citizens. What they do during a few hours off work means more than were they ordinary citizens choosing to cut the grass
or go to a lake on a day off - or snoop around someones home. Because Jerry was living in the hotel at the time, his hotel room should
be considered his home and should not be searched in the manner in which it was. There is no indication of whether Jerry
was properly arrested or whether he was offered counsel. He could not be made to incriminate himself, and it is likely that an attorney would have advised Jerry not
to say anything about where the jewelry came from but to remain silent on how he happened to come into possession of it. Part B
The deputies were able to gain a warrant that enabled them to recover the stolen jewelry, but before that time they had been in Jerrys room illegally.
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