What rationale supports the search incident to arrest


Assignment:

1. What rationale supports the "search incident to arrest" exception to the warrant requirement? What limitations do the courts impose on such searches?

2. Should one have a reasonable expectation of privacy from infrared detectors and other high-tech devices that enable law enforcement officers to "see" heat emanating from a person's home? Why or why not?

3. What is the rationale for excluding from trial evidence obtained in violation of the Fourth Amendment? Is this a compelling justification for the exclusion of criminal evidence from the trial of a defendant accused of a serious felony such as aggravated battery?

4. What alternatives to the exclusionary rule might be adopted to enforce the protections of the Fourth Amendment? How effective are such alternatives likely to be?

5. The Supreme Court has created a "good-faith" exception to the exclusionary rule where police rely on a search warrant that is later held to be invalid because the magistrate erred in finding probable cause for a search. Should the good-faith exception be extended to cases where police acting in good faith conduct warrantless searches that are later held to be unlawful?

6. What is meant by the "fruit of the poisonous tree doctrine" in relation to searches and seizures?

7. What is the "standing" requirement in the law of search and seizure? What is its purpose?

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Business Law and Ethics: What rationale supports the search incident to arrest
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