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August 1, 2013

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Legality of Search and transport of Evidence[Name][Course Title][Name of Professor][Date]microph whiz , Mary and molly sample to take a shit the predecessor chemicals and the supplies jamed from evidence at their caterpillar track . What thousand do they have and what argon their chances of success . explain your answerSince police officers Oliver and O Brien were able to acquire a search apologize the uprightness of the search and seizure of the herald chemicals and supplies found at the conformity is sustained . This leads to the presumption that microph whizz , Mary and Molly have diminished chances of obtaining the precursor chemicals . withal , the trio arrested undivideds whitethorn remediate to the `exclusionary rule which provides that evidences which are ga in that locationd or scrutinized that violates the write up of the United States , specifically the rights of the individual , tail end non be admitted for a unrighteous prosecution in a legal homage (Kratochwil , 1991 ,. 62 . By applying the exclusionary rule , the three individuals can hump that their ` right was breached after the officers searched the residence and that , therefrom , the `precursor chemicals and supplies cannot be admitted as evidence to prosecute them . withal , it should be noted that sluice if their privacy was violated it does not necessarily mean that microphone , Mary and Molly can nimblely obtain the seized `precursor chemicals and supplies for the reason that these chemicals and supplies are apply to manufacture methamphetamine - an illegal substanceDuring the course of Paulsen s prosecution , Paulsen moves to suppress the gun and the bag of cannabis seized from his jacket . He contests that Officer O Toole had no true(a) bum to stop and search Paulsen . What arguments would the conjure up offer ? Who should supercharge this enquiry to suppress and whyIn the case of Paulsen , the court can argue that , at a lower place the case of Michigan v .
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Long , a fairness iceman has the option to unravel out a peculiar(a) protective search of a vehicle if the law enforcer has a clean hunch that an individual shadowy is both armed and dangerous (Puchalsky , 2007 ,. 706 . advertise , since Officer O Toole was able to identify and seize a bag of cannabis and a gun from Paulsen , the seized `evidences will go to reinforce the engagement hunch of the officer . Although a reasonable suspicion whitethorn be difficult to identify in times when there is an immediate need to stop and search a electric dominance criminal , the fact that there is at least one indicator for a reasonable suspicion such as the instance where Paulsen opened the auto door and ran toward the public victuals accommodations projects approximately 500 yards outside(a) is enough for Officer O Toole to search Paulsen . Although Paulsen can contend that there is no rachis and apparent search precedent against him , his corresponding behavior - of political campaign away - from the police officers is a strong cause for a reasonable suspicionAs to who would win the deed , it must first be noted that Paulsen may appear to be right by contending that there is no authentic basis to stop and...If you emergency brake to get a secure essay, order it on our website: Orderessay

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