Essay heading: 5th amendment

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American History

 

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August 24, 2004

 

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7 / 1764

 

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Modern jurisprudence has afforded the exclusionary rule to ensure that evidence improperly collected is excluded from trial. This gives law enforcement officers an incentive to respect the amendment. The second part of the amendment provides for the proper issue of warrants. When warrants are issued, there must be probable cause...
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When warrants are issued, there must be probable cause. Probable cause is tested using the "totality of circumstances" test as defined in Illinois v. Gates, 462 U.S. 213 (1983). [edit] Reasonable expectation of privacy Not every incident where an officer ascertains information is considered a "search...
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