Saturday, August 24, 2019
United States v. Leon, 468 U.S. 897 Case Study Example | Topics and Well Written Essays - 250 words
United States v. Leon, 468 U.S. 897 - Case Study Example y afforded to law enforcement officers, and on the other a deviation from well-established rule against illegal searches and seizures diminishing a commonly accepted constitutional right. Cruikshank (1986) thus ascertains that ââ¬Å"The inquiry no longer is whether the fourth amendment was violated but whether the deterrent effect of the exclusionary rule outweighs the potential cost of losing valuable evidenceâ⬠(p. 417). There is now a shift from individual rights to the duties of police officers in establishing the correct application of the Constitution as determined by the judiciary. This is a far cry from the basic premise of any constitution as the fundamental law of the land. It must serve as a limitation on the powers of government and a reminder of the supremacy of the people. The inclusion of probable cause in the criterion for the issuance of a warrant was a definitive statement as to the powers that may be accorded in the proper disturbance of a person in his rights. The defense of good faith seems as an easy enough loophole to violate what I ardently believed to be a constitutional right despite how the Supreme Court ruled otherwise. Cruikshank, C. (1986). Dismantling the exclusionary rule: United States v. Leon and the courts of Washington-should good faith excuse bad acts? University of Puget Sound Law Review, 9. Retrieved from
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