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Question 11 (1 Point) What May Happen If Evidence Is Obtained Through an "Illegal" Search? a The Evidence May Be Inadmissible in Court

Problemas

Question 11 (1 point) What may happen if evidence is obtained through an "Illegal" search? a The evidence may be inadmissible in court b The suspect must be released from custody C Contraband must be returned to the suspect d The evidence cannot be examined by the crime laboratory Question 12 (1 point) Nhat must be provided to a judge for them to issue a search warrant? a Justifiable Intent b Probable Cause Reasonable Doubt d Reasonable Suspicion

Roztwór

Leonel élite · Tutor durante 8 años
Weryfikacja ekspertów
4.1 (217 Votos)

Respuesta

11. a12. b

Explicación

## Step1For question 11, we need to understand the legal implications of evidence obtained through an "Illegal" search. In legal terms, an "Illegal" search refers to a search conducted without proper legal authorization or beyond the scope of a valid search warrant. The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. If evidence is obtained through an "Illegal" search, it is considered to have been obtained in violation of the suspect's constitutional rights. As a result, such evidence is typically deemed inadmissible in court under the "fruit of the poisonous tree" doctrine. This doctrine holds that evidence obtained from an illegal search is just as inadmissible as the evidence that was directly obtained in violation of the suspect's rights.## Step2For question 12, we need to understand what must be provided to a judge for them to issue a search warrant. A search warrant is a legal document authorizing a police officer or other official to enter and search premises. To obtain a search warrant, law enforcement must demonstrate "Probable Cause" to a judge. Probable Cause means that there is a reasonable basis to believe that a crime may have been committed and that evidence of the crime can be found in the place to be searched. "Justifiable Intent" is not a legal standard used for issuing search warrants. "Reasonable Doubt" is a standard used in criminal trials to determine whether the defendant is guilty beyond a reasonable doubt, not for issuing search warrants. "Reasonable Suspicion" is a lower standard than probable cause and is used to justify brief stops and detentions, but not full search warrants.