The Second Amendment Of Theu.s. Constitution

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The Fourth Amendment of the U.S Constitution provides protection to the people against unreasonable searches and seizures. The exclusionary rule was a judicial precedence that made evidence obtained in violation of the US Constitution inadmissible in federal, state and local courts. Its primary focus being to discourage illegal or inappropriate law enforcement investigation practices. This ruling applies not only to evidence obtained directly from an illegal search or seizure, but also branches out to cover evidence indirectly obtained known as fruit of the poisonous tree. The fruit of the poisonous tree doctrine also referred to as the derivative evidence rule, prohibits submission of evidence that has been legally acquired through the use of evidence obtained illegally. Although modern day law enforcement has become better over time with their investigation practices, there are instances where evidence has to be excluded to avoid a violation of constitutional rights. A great example of evidence being deemed fruit of the poisonous tree and excluded from evidence would be the 2012 decision of the United States v Jones. In 2004 the defendant Antoine Jones became the target of an investigation for drug trafficking in the District of Columbia. The local police department and FBI conducted a dual task force to investigate the activity of the defendant. Law enforcement had the nightclub owner under heavy surveillance including the use of a wiretap on his cell phone. After investigating the suspect for several months, a warrant was requested by the task force. The warrant authorized a GPS tracking device to be placed on the vehicle in which Antoine was the sole driver although it was registered two his wife. The specification of th... ... middle of paper ... ...rnment’s position in believing that the tracking device did not constitute as a search nor the governments counter that if the device did constitute a search that it was a reasonable one. Although there are some exceptions to the fruit of the poisonous tree doctrine it is imperative that law enforcement take all necessary steps to ensure that they are not violating the rights of the accused during investigation. United States v Jones is a prime example of how a 24 hour time lapse of a valid warrant caused crucial evidence to be excluded from court. Majority of the evidence obtained derived from a warrantless GPS tracker. Had the task force had a new warrant issued the outcome of this case may have been a lot different. All of the money and time spent investigating the Antoine Jones was useless since it all was unlawfully obtained or fruit of the poisonous tree.

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