There are three hypothetical crimes below from a Persecutors perspective. As defense counsel, evaluate any lapse in the chain of custody to argue why the Exclusionary Rule should apply to suppress the evidence. Answers to the questions cannot be combined together as these should be answered individually.
1. On April 26, 2020, officers were dispatched to an ally where gunshots were heard by local individuals. Upon the arrival of the police officers, they seen a woman’s body covered in blood and her clothes torn up. As the police officers observed that crime scene, they noticed another woman’s body in the dumpster. The police officers had interviewed the local individuals that reported this incident. One of the individuals named Isiah Hernandez explained that he seen a suspect fled the crime scene. Upon the arrival of Forensics Lab Technician, they had explained that the first woman was raped and her cause of death was the gunshot wounds. The Forensics Technician had used the rape kit to collected semen sample that was found the woman’s clothes. The Forensics Technicians had collected more evidence such as fingerprints on the woman’s clothes. As the forensics examiners started to examine the second woman’s body, they explained that her cause of death was stabbed wounds on the woman’s chest. They also noticed that this woman was as well raped and had semen samples left on clothes. The forensics examiners also collected more evidence such as fingerprints and blood stains that was found on the dumpster. As the examiners conducted a DNA analysis they noticed that one of the blood stains found at the crime scene didn’t match either of the bodies. All the evidence that was collected at the crime scene was examined and tested. Once every examination was finished it was send to a evidence room waiting to be held on trial. The evidence room is the perfect place to protect the evidence that is found in the crime scene to be admissible on trial. The evidence room is guarded by an officer to secure all the evidence until it is time for it to be send to court. An initial officer must sign off the evidence so they can present it in the court room.
2. On December 2nd of 2020 cops responded to a 9-1-1 call stating that someone was shot and killed. As officers arrived at the scene they discovered a deceased lady and a newborn laying on the living room couch with a shotgun beside them, attached to the gun was a note. Police officers then collected the evidence and sealed it until they were handed to the forensic technician. The forensic technician observed the evidence and handled it with proper care by slowly checking for fingerprints from the note and weapon that was discovered on the scene to examine DNA. After the forensic technician examines the evidence that was collected at the scene they then transport them to the evidence technician. The evidence technician will store the evidence until needed in further proceedings.
3.Law enforcement officers observed ker make a large illegal drug buy from a drug dealer. They followed kers car but lost it in traffic when ker made a sudden turn. Believing that Ker knew that he was being followed, the officers then obtained the address of kers apartment from his automobile license number. When kers car was parked at his apartment, the officers obtained a key to his apartment from the apartment manager. Believing that evidence would be destroyed if they made an entry by knocking it knocking, the officers used the key to make a no-knock entry into kers apartment. In holding that the officers officers testimony sustained an exception to the California “ knock” requirement, the Supreme Court affirmed the defendant conviction and the use of the narcotics seized as evidence in kers trial. (Gardner& Anderson, 426) The exclusionary rule was broken in this scenario. Also, the officers didn’t have a search warrant to access Ker’s apartment. The 4th amendment was broken in this scenario. The evidence was obtained can be utilized but I believe the officers didn’t follow protocol to gather the evidence. The evidence that was obtained was not done properly.
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