Search results
Results from the WOW.Com Content Network
In United States constitutional law and criminal procedure, the good-faith exception (also good-faith doctrine) is one of the limitations on the exclusionary rule of the Fourth Amendment. [ 1 ] For criminal proceedings, the exclusionary rule prohibits entry of evidence obtained through an unreasonable search and seizure , such as one executed ...
An officer acting in good faith and within the scope of a search warrant should not be subjected to Fourth Amendment constitutional violations. It is the magistrate’s or judge’s responsibility to ascertain whether the warrant is supported by sufficient information to support probable cause.
Good faith exception: If police officers acting in good faith (bona fides) rely upon a defective search warrant, then the evidence acquired may still be used under the good-faith exception. Independent source doctrine : If police obtain evidence illegally, but also obtain the same evidence through an independent, legal means, the evidence is ...
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to ...
Maryland v. Garrison, 480 U.S. 79 (1987), is a United States Supreme Court case dealing with the Fourth Amendment of the United States Constitution and the extent of discretion given to police officers acting in good faith. The Court held that where police reasonably believe their warrant was valid during a search, execution of the warrant does ...
Writing shortly after the decision, SCOTUSblog author Tom Goldstein stated that the decision was of "surpassing significance"; [13] but law professor and Fourth Amendment expert Orin Kerr suggested Goldstein was reading too much into the case, writing that Herring was best seen as "a narrow and interstitial decision, not one that is rocking the boat. ...
(Reuters) -Monday's ruling from the Texas Supreme Court denying a woman's request for an emergency abortion shines a spotlight on the medical exceptions contained in many U.S. states' abortion bans.
Nix v. Williams, 467 U.S. 431 (1984), was a U.S. Supreme Court case that created an "inevitable discovery" exception to the exclusionary rule.The exclusionary rule makes most evidence gathered through violations of the Fourth Amendment to the United States Constitution, which protects against unreasonable search and seizure, inadmissible in criminal trials as "fruit of the poisonous tree".