Saturday, May 11, 2019
Key facts Assignment Example | Topics and Well Written Essays - 500 words
Key facts - Assignment ExampleThe second step is to determine the key elements of the have got of achieve that is raised by the facts of case. The third step is to outline all the facts of the case that are important to the elements of live up to raised in the second step. The fourth and final step is to outline which of the facts listed satisfy the key elements of the cause of action to be discussed in a court of law.There are three steps employ in indentifying the facts in a court opinion. The first step involves reading the entire case having in mind what was decided in regards to what facts of the case were. The second step is to read and analyze the attribute of the case. This helps to date how the court answered the legal questions raised on the facts of the case. The last step is analyzing the key facts used to make the holding of the case (Albright & Putman, 2013).Police in Burbank initiated surveillance on Leon after receiving confidential information that they were se lling cocain and investigation earlier showed that he stored a stash of methaqualone in his house. After a seek Leon was indicted by a grand jury in California and charged with drug trafficking. The court minded(p) a motion to suppress evidence arguing it was defective due to the warrant and lack of seeming cause. On Appeal, the government argued that the police acted on good faith when using the defective warrant. The court of ingathering affirmed trial court decision and declined the government argument of good faith.Reasoning The exclusionary rule was a judicial act not a constitutional right that safeguards the Fourth Amendment. It deters police from misconduct and abuse. However, a police who acts with a defective warrant in good faith cannot be held for misconduct. There lacks terra firma when evidence is suppressed when they relied in good faith using a defective search
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