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Let’s explore the purpose and use of the 4th Amendment’s search and seizure provisions. Begin by defining the following: 1. Information needed to get a warrant 2. The Exclusionary Rule 3. The Good Faith Exception and Inevitable Discovery What is your assessment of the Exclusionary Rule, the Good Faith Exception and Inevitable Discovery? Are these fair? Why or why not?

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Final answer:

The 4th Amendment requires law enforcement to obtain a warrant based on 'probable cause' before conducting a search or seizure. The Exclusionary Rule prevents evidence obtained improperly from being used in court, while the Good Faith Exception and Inevitable Discovery allow exceptions to this rule under certain conditions. The fairness of these rules can be debated.

Step-by-step explanation:

The 4th Amendment of the United States Constitution relates to the rights of individuals against unreasonable searches and seizures. It safeguards citizens' privacy by requiring that a warrant be obtained before a search or seizure takes place.

1. To get a warrant, law enforcement officials must provide a judge with sufficient information to establish 'probable cause.' This means that they must present facts or evidence suggesting that a crime has been, is being, or will be committed.

2. The Exclusionary Rule dictates that any evidence obtained through illegal means, such as without a proper warrant, cannot be used in a court of law.

3. The Good Faith Exception to the Exclusionary Rule allows for evidence obtained through a technically incorrect warrant to be used if law enforcement believed they were acting correctly. The principle behind this exception is that officers who conducted the search in good faith should not be penalized for mistakes that may have been made when the warrant was issued.

4. Similarly, the Inevitable Discovery doctrine suggests that if the evidence in question would have inevitably been discovered through lawful means, then it can be used in court even if it was initially obtained improperly.

In terms of fairness, these rules offer a balance, protecting individual rights while also considering the challenges faced by law enforcement. However, this assessment can vary depending on perspective.

Learn more about 4th Amendment

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User Kenske
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