The guarantee of due process is the cornerstone of our Constitutional rights. All other Constitutional guarantees are
Question:
The guarantee of due process is the cornerstone of our Constitutional rights. All other Constitutional guarantees are maintained through the basic notions of due process. If you believe your Constitutional rights have been infringed, you naturally seek redress through the courts. However, if the party reviewing your complaint is biased, or the hearing and procedures are not fair, your ability to fully adjudicate your complaint would be hampered. Any evidence resulting from such violations is excluded when state actors violate fundamental due process procedures.
With the above notion in mind, provide substantive responses to the following questions:
1. Explain the major elements of reasonable suspicion and how it differs from probable cause.
2. Discuss the exclusionary rule. Should courts continue to recognize the rule as it concerns the admission of evidence?
3. Discuss at least four (4) exceptions to the search warrant requirement. Give specific examples.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts