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  • Evidence and Liability Relating

     

    Essays4 Law

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ID number:133386
Evaluation:
Published: 15.04.2004.
Language: English
Level: Secondary school
Literature: n/a
References: Not used
Extract

According to Neubauer, to date the 'good faith' defense of officers has been very narrowly interpreted. It was used with actions on search warrants that on face value appeared to be ok. When an arrest was made on a statue that appeared to be ok, but later ruled unconstitutional, and an arrest of a computer crime where the charge the warrant was being served from was removed before the arrest was made. These were examples of when good faith was allowed and accepted by the courts because the cops made an honest mistake, and no real harm was made towards the offended (Neubauer 2002, 303).
Related and the last exemption from the exclusionary rule is 'inevitable discovery'. If the police can reasonably articulate that even though the evidence was obtained illegally it was bound to be found anyhow. This was made from Nix v Williams, where even though the location of the body was discovered illegally there were hundreds of searchers near the actual location so the body was bound to be discovered eventually.

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