Author Question: The Supreme Court had in different cases given each of the following as a rationale for the Due ... (Read 39 times)

MGLQZ

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The Supreme Court had in different cases given each of the following as a rationale for the Due Process Clause exclusionary rule against involuntary confessions, EXCEPT
 
  A. To ensure that convictions are based on reliable evidence
  B. To elevate the level of police professionalism
  C. To deter improper police conduct
  D. To assure that a defendant's confession is the product of his free and rational choice

Question 2

Compare and contrast probable cause, reasonable suspicion, and administrative justification.
 
  What will be an ideal response?



Hdosisshsbshs

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Answer to Question 1

B

Answer to Question 2

Probable cause was formally defined in Beck v. Ohio, 379 U.S. 89 (1964) as more than bare suspicion; it exists when the facts and circumstances within the officers' knowledge and of which they have reasonably trustworthy information are sufficient to warrant a prudent man in believing that the suspect had committed or was committing an offense.

Reasonable suspicion is justification that falls below probable cause but above a hunch. Reasonable suspicion is a Court-created justification; it is not mentioned in the Fourth Amendment. Reasonable suspicion is necessary for police to engage in stop-and-frisk activities.

Administrative justification is a standard used to support certain regulatory and special needs searches. Created by the Supreme Court, it adopts a balancing approach, weighing the privacy interests of individuals with the interests of society in preserving public safety.



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