Essay - Criminal Justice Williams' Lawyer Would Try to Ague that the...

Criminal Justice

Williams' lawyer would try to ague that the evidence against him should be excluded following the dictates of the "exclusionary rule" on the basis that the search of his mo*****r's closet was in violation of the Fourth Amendment's prohibition ***** illegal search and seizure. Fur*****rmore, his lawyer will argue that if the police had not performed ***** illegal ***** on Mrs. Ellis's home they would not have found Mr. Stevens and wouldn't have g*****e to the Stevens' home to find ***** prints. Therefore, the fingerprints, which are ***** main evidence against William, are "fruit of the poisonous tree" and ***** be excluded as well.

The ***** rule is "the principle ***** the prosecution in a crim*****al case may ***** use evidence obtained in violation of the Constitution, particularly evidence derived from ***** search and ***** in violation of the Fourth Amendment" (Clapp, 2000, p. 169). The *****urpose of the exclusionary rule is to curb illegal ***** invasive behavior by law enforcement by putting restrictions on the way in ***** ***** can conduct a search, when they can *****, and where they can search. Furthermore, it makes sure that the police have ample evidence to believe that the place and/or person to be searched conta*****s the vital evidence for which they are looking.

Sometimes, even though evidence ***** have *****en obtained *****fully, it may still be excluded as a result of the ***** rule if the origin*****l ***** from which ***** ***** the basis to search ***** ***** new evidence ***** obtained in violation ***** a person's ***** Amendment rights. T***** is known as the Fru***** of ***** Poisonous *****ree Doctr*****e. "Fruit of the poisonous *****" is "evidence derived ***** information obtained from an illegal search or illegal investigative technique. Such evidence ***** generally subject to the exclusionary rule to the same extent as ***** illegally obtained ***** that led to it" (*****, 2000, p. 196).

Although the result ***** the exclusionary rule is often ***** evidence obtained in violation of ***** Fourth ***** cannot be ********** against a defendant, there are some notable exceptions ***** it. *****se ***** include the Good Faith Exception and ***** Inevitable Discovery Exception.

Furthermore, the exclusionary ***** would not apply when evidence is used against a defendant who does not ***** standing to object to the illegal search and seizure. Th***** is one ***** the reasons William could not object to ***** search of the Stevens' ***** on it own. Fur*****rmore, although ***** was the discovery of Mr. Stevens' which led ***** police ***** the Steven's home, the ***** would have inevitably discovered the prints when Mrs. Stevens reported her husb***** missing. Additionally, William probably won't be deemed to have standing to object to the ***** of his mo*****r's closet either since he would have no expectation of privacy in his mother's room or the common areas of the *****; William would only have an expectation of privacy in the ***** of the house ***** which he resides. **********, even if the evidence