Constitutional Principles That Govern Evidence Collection Process And Their Exceptions (1505 words)

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You are the Chief of the District Attorney’s Investigation Team for a major metropolitan area. You budget recently allowed you to hire 16 new investigators that will be sprinkled throughout your department. While the new personnel are a blessing you realize that they have had little time as investigators and you are concerned that they be 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 with your new investigators and noticed and interest they had on exceptions to the Exclusionary Rule. You have decided to provide a 4-5 page addendum to last weeks training to address some of the exceptions.

In a 4-5 page white paper to the newly assigned District Attorney Investigation Squad investigators instruction and explanation will be provided for training. Please include responses to the bulleted issues listed below. There are a number of evidence related resources that are not found in academic journals that may be utilized as references in this assignment. 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.

- 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.
- Select two of the three concepts known as dying declaration, the silver platter rule, and exigent circumstance. Expound on the meaning of each and why the court believes in such exceptions to constitutional requirements
- 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.
Be sure to reference all sources using APA style.

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A. Introduction
In every crime, the criminal is the most reliable witness of the crime in case of self-incriminating evidence. However, in majority of the crimes, the suspects defend their innocence despite the available leads. In the past, the assumption that the crime is hiding useful information led to brutality and forceful testimony against oneself. The trend led to unreliability of suspect’s stand as it could be out of either excited delirium or honesty. It is for this reason that US criminal justice system adopted the exclusionary rule that dictates that any evidence or scene analysis that violates the constitutional rights of defendant is not admissible against the suspect. As outlined in the Fifth Amendment that no individual will to testify against himself in a judicial process through forceful confession (National Paralegal College (NPC), 2007). As such, a suspect has the right to privacy and other constitutional rights during the investigations. The rule thus requires the investigators to follow the constitutional procedures during enquiry and facts collections. However, following the highly subjective nature during crime investigations, the US law makes some exceptions to the exclusionary rule depending on the nature of the crime under investigation. The allowed subjectivity of this principle often leads to conflict between judicial processes. Therefore, it is vitality that all investigating officers understand the definition, applicability, and exceptions of the exclusionary...
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