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Essay heading: 5th amendment
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American History |
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| Date added: |
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... displayed 300 characters
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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... displayed next 300 characters
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