The Pros And Cons Of The Fourth Amendment Of The United States Constitution

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

In the second trial the prosecution introduced the same data into evidence that derived from the GPS tracking device that was used in the first trial. The information collected from the tracker associated the defendant with other conspirators and led investigators to a hideaway house that stashed over $850,000 in cash along with large amounts of cocaine and drug paraphernalia. Other evidence combined with the confirmed whereabouts all derived from GPS tracking did not land a hung jury this time around but in return a guilty verdict. Antoine was sentenced to life in prison on the conspiracy

On January 23, 2012 in a unanimous decision, the U.S Supreme Court ruled in affirmation of the U.S Court of Appeals for the District of Columbia verdict to reverse Jones’ conviction. They argued that they were not in support of the government’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