TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P32

Gale Encyclopedia of American Law Volume 3 P32 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 298 CRIMINAL PROCEDURE the suspicion that more marijuana may be found in the person s home and the large amount may be used as the basis for obtaining a search warrant. Police officers seeking a search warrant must state under oath and with particularity the facts supporting probable cause. If the search warrant is later found to be lacking in probable cause or if important statements made by the officers are found to have been intentionally misleading the evidence seized pursuant to the warrant might not be admissible at trial. Moreover if the search goes beyond the scope granted in the warrant the evidence seized as a result of that encroachment might not be admissible at trial. For example if the warrant states that the officers may search only the suspect s apartment they may not expand the search to a storage closet outside the apartment. In executing a search warrant pursuant to the Fourth Amendment law enforcement officers may enter private property without knocking or announcing their presence if the officers have reasonable suspicion that knocking and announcing would be dangerous futile or would inhibit an effective criminal investigation by allowing the destruction of evidence. Whereas the lawfulness of a no-knock entry does not depend on whether property is subsequently damaged during the search excessive or unnecessary destruction of property in the course of the search might violate Fourth Amendment rights even though the entry itself is lawful and the fruits of search are not subject to suppression United States v. Ramirez 523 . 65 118 S. Ct. 992 140 L. Ed. 2d 191 1998 . The Exclusionary Rule The exclusionary rule protects the right to be free from unreasonable searches. This rule holds that otherwise incriminating subject matter that police officers have obtained illegally must be excluded from evidence. Along with the right of appeal the exclusionary rule is a defendant s chief remedy for a violation of his or her rights in a criminal procedure.

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