Case Study- Online classes, refer to your Canvas course for instructions.
Written Exercise on Exclusionary Rule and Exceptions.
Instructions: Read the below case. Answer the following question: Should all the evidence discovered by the Sheriffs deputy's be excluded?
If so why,
explain.
If not why not, explain?
Cite the relevant rules of evidence in this case and support your decision based on elements presented.
Paul is on a solo vacation in is motor-home. It is his principal place of residence for several months. He picks-up a runaway who was hitchhiking near a motor-home park, where he called home. (it should be noted that Paul takes his motor-home to purchase groceries and to shop. Paul does not have another vehicle, he uses his motor-home to travel and at night as a residence.)
After picking up this teenage runaway, he takes her to a secluded logging road where he commits several acts of forcible rape and forces oral copulation. The rape and other sexual acts occur in the motor-home. Partically clothed, he leaves the victim on the logging road and flees the area. The teenage victim flags down a passing big wheel truck driver, who reports the crime over a C.B. radio. Based on the description the teenage victim told the The Sheriff's dpeartment, the motor-home is reconiged and stopped several hours later. The motor-home is pulling in another Forest Service campground.
The deputy's upon contacting Paul, decide to arrest him for the rape and searched the vehicle without a warrant. During the search, deputy's identified and collected several articles of clothing that belonged to the teenage victim. Paul was charged with the crime of rape, and oral copulation.
During the trial, Paul's attorney wants all the evidence suppressed on the grounds that Paul's motor-home is his residence, and his motorhome is his castle and deputy's searched the home without a warrant. Should all the evidence discovered be excluded? If so why, explain. If not why not, explain? Cite the reveleant rules of evidence in this case and support your decision.
After picking up this teenage runaway, he takes her to a secluded logging road where he commits several acts of forcible rape and forces oral copulation. The rape and other sexual acts occur in the motor-home. Partically clothed, he leaves the victim on the logging road and flees the area. The teenage victim flags down a passing big wheel truck driver, who reports the crime over a C.B. radio. Based on the description the teenage victim told the The Sheriff's dpeartment, the motor-home is reconiged and stopped several hours later. The motor-home is pulling in another Forest Service campground.
The deputy's upon contacting Paul, decide to arrest him for the rape and searched the vehicle without a warrant. During the search, deputy's identified and collected several articles of clothing that belonged to the teenage victim. Paul was charged with the crime of rape, and oral copulation.
During the trial, Paul's attorney wants all the evidence suppressed on the grounds that Paul's motor-home is his residence, and his motorhome is his castle and deputy's searched the home without a warrant. Should all the evidence discovered be excluded? If so why, explain. If not why not, explain? Cite the reveleant rules of evidence in this case and support your decision.