You are an investigator with the District Attorneys Investigation Team for a major metropolitan area. You are one of the recently hired 16 new investigators that will be sprinkled throughout the department. All 16 of you have had little time as investigators and the Chiefs concern is that you all are properly trained in issues of the exclusionary rule to avoid problems later on during investigations. This is a political hot potato because these are supposed to be the best investigators in the jurisdiction. You have already provided an extensive paper to your new fellow investigators and noticed an interest they had in exceptions to the Exclusionary Rule. You have decided to provide a 3-5 page addendum to last weeks training to address some of the exceptions.
In a 3-5 page paper, please include responses to the bulleted issues listed below. It is critical that when you make a statement of fact in your presentation that you cite the reference you obtained the information from in the text of the paper and that the reference is included in your reference page. As always your paper will be submitted in the APA format current edition. No abstract is required as this is a short position paper but a title page, reference page, and appropriate running header with page numbers are necessary.
- Detail the concept for admissibility of plain sight evidence and the legal requirements for the investigator to invoke a plain sight seizure.
- Explain how evidence that would have been found without the questionable search that violates the exclusionary rule could ultimately be admissible as evidence.
- Relate how the court views investigators and realizes that human error will sometimes result in faulty paperwork. Explain how the court allows for such errors in the Good Faith principle.
- The student will select two of the three concepts known as dying declaration, the silver platter rule, and exigent circumstance. The student will expound on the meaning of each and why the court believes in such exceptions to constitutional requirements
- The student will articulate the types of situations where it is permissible to lie to a suspect to elicit a confession. What aspects would be allowed by the court and what would be prohibited