Question
One difficult thing about discussing The Exclusionary Rule prior to discussing search and seizure is that it is tough for me to give you a
One difficult thing about discussing The Exclusionary Rule prior to discussing search and seizure is that it is tough for me to give you a scenario about the Exclusionary Rule because we haven't discussed search and seizure law; however, here is a scenario. Give it your best concerning if you think the Exclusionary Rule should apply:
Police officers have an arrest warrant for Tyler. When they went to Tyler's house, his mother informed them that he was not at home. She told the officers that Tyler was at his girlfriend's house. The girlfriend lives with her father. The mom provided the officers with the name and address where Tyler's girlfriend lives with her dad. The officers went directly to the girlfriend's house, entered the house through an open door without knocking or announcing themselves, and arrested Tyler. During the arrest of Tyler at his girlfriend's home, the officers saw, sitting on the table in the room where the police seized Tyler, a magazine containing child pornography. Tyler's girlfriend told the officers that the magazine belonged to her father, who was not at home, and that her father is "weird." The police seized the magazine and charged the father with illegal possession of child pornography. The father's attorney moved to suppress the magazine. How should the court rule on the motion to suppress?
Please tell me if you believe the Exclusionary Rule should or should not apply here. Please make sure you justify your response. Additionally, if you need help, please check out the case of Steagald v. United States, (1981).
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