Should the exclusionary rule apply in terrorism prosecutions?
Please see the below questions that I would like to have answered. 1200+ word count/ 3 scholarly sources one sources per paper. **NO PLAGIARISM WHATSOEVER**
1. Should the exclusionary rule apply in terrorism prosecutions? What about the threat of future attacks that could only be ascertained by interrogating suspects or seizing their property? Is an administrative system that must wait for warrants to be issued and determinations to be made on the basis of reasonable suspicion a practical one?
2. Actions taken while a law enforcement official is acting as a “community caretaker” are not subject to Fourth Amendment restrictions. When does the community caretaker role of such an official end and the law enforcement role begin? What happens if a firefighter enters to fight a chemical fire (community caretaker function) and it turns out that the fire was lit intentionally and is thus a commission of a criminal act – do Fourth Amendment protections begin applying in this scenario? If so, when and what kinds of evidence would not be subject to the exclusionary rule?
3. There is no warrant required to search individuals or property when there are grounds to believe that the search would turn up items being searched for (i.e. a standard of suspicion). Should a standard of plain “suspicion” be the standard at the border? Why or why not? What are the policy priorities at the border that would encourage such a broad standard?
Textbook reference:
Hunter, N. D. (2009). The Law of Emergencies: Public Health and Disaster Management.
This is an additional read with the assignment!
Links to additional reads:
How local authorities deal with federal immigration enforcement law:
http://arizonalawreview.org/
Solution Preview
Exclusionary Rule
Introduction
In this competitive world that we live in right now, crime has become apparent and this is mainly due to the fact that some people solely depend on crime as their main source of income. Given this scenario, many rules meant for the common citizen comes in handy for criminals. In as much as a person has committed a crime, there are laws that are expected to be followed. According to the fourth amendment which is in the United States Constitution is enacted to prevent unreasonable searches or seizures and it falls under the Bill of Rights.
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