Exclusionary rule

Essay – Exclusionary Rule

Instructions:

Write a persuasive argument of more than 200 words responding to the below scenario and question(s). Your argument should demonstrate your understanding and application of the basic concepts of the Fourth Amendment, the Exclusionary Rule, and the fruit of the poisonous tree doctrine.

Scenario:

A Phoenix Police Officer is on routine patrol when he observes a vehicle matching the description (a white Chevy Tahoe) of a vehicle that was the possible suspect vehicle involved in a burglary incident approximately two hours earlier in Tolleson, Arizona. The vehicle description (a white Chevy Tahoe) was broadcast over his police radio. The police officer initiated a traffic stop on the vehicle based only on the broadcast, arrested the driver, and searched the vehicle which was found to contain illegal weapons and drugs in the trunk. The police officer arrested the driver for the burglary, illegal weapons, and the drugs found in the trunk. However, it turns out that the suspect vehicle description provided was wrong and the actual burglary suspect vehicle was a black Ford sedan. The police officer arrested the wrong person for the burglary, calling into question the search and additional charges pertaining to the illegal weapons and drugs.

Question:

Does the police officers arrest fall under the good faith exception to the exclusionary rule pertaining to the additional charges of illegal weapons and drugs?

• Explain why or why not utilizing aspects of the Fourth Amendment, Exclusionary Rule, and the “fruit of the poisonous tree doctrine to support your argument.