Criminal Justice Discussion 2

In This weeks discussion we were asked to answer the following questions
1. Based on the information given, can the arresting occasionr seize the VHS tape at that point as evidence? Please leave alone a detailed explanation for your answer.
I believe that beneath the Plain View school of thought law the officer would break the right to seize the tape. Definition of the plain view principle n. the rule that a law enforcement officer whitethorn make out a search and seizure without causeing a search antecedent if evidence of criminal activity or the product of a crime can be seen without entry or search. (Inciardi 2009 p.216) Because the office did not ask the polygrapher to bring him the tape or to stand for the tape at any certain time this would reconcile under plain view. This how ever does not beggarly that the officer can view the tape without a warrant they may physically seize the tape but may not view it without a warrant. One court cases I postulate found to support this is Coolidge v. New Hampshire, for the plain view doctrine to apply, not only must the officer be legally in a position to view the object, but withal it must be immediately apparent to the police that they decease evidence before them.
2.



If he does seize the tape and obtain information from the tape that leads to a search warrant of a location that was not previously discovered to be affect in the homicide, would evidence from the search be allowed even though the seizure of the tape was later determined unjustified?
No the evidence would not be allowed this will fall under the fruit of the poisonous tree doctrine. which states evidence that has been seized illegally is considered corrupted and cannot be apply against a suspect. Subsequent evidence derived from the ab initio tainted evidence must also be suppressed.(Inciardi 2009 p.208) That would mean anything the search warrant found could not be used as evidence. Because the tape was found to be seized illegally.
references
Inciardi, J. A. (2009). Criminal...If you want to get a full essay, order it on our website: Orderessay



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