The fourth amendment and the fruit of the poisonous tree doctrine

The situation that involved Don and patrol ships officer Jones in dry land X is a good graphic symbol study in understanding the concepts involved in the fourth Amendment, particularly the precept of inhibition of severalize.In the analysis of the episode, one will see that the solely horror that Don has committed is driving with an expired license. And for this case, accede X has either right to punish him accordingly with a fine of $100 and 10 days in the county jail. However, it is also important that the fact that the constitution of State X has a clause identical to Amendment IV of the U.S.Constitution, the other evidence obtained by Police Officer Jones in his demote with Don batchnot be utilize as evidence against Don in whatever judicature by reason of the Fruit of the Poisonous Tree Doctrine. This particular doctrine opines that either evidence obtained illicitly cannot be used in any court since this is in site violation of the suspects Fourth Amendment .Although Don did commit a violation of law in State X by driving with an expired license, this particular violation does not necessarily warrant a bodily search or still a search of the vehicle even with the consent of the suspect. In the case of Florida vs. Bostick, we have learned that in the context of investigatory stops and detentions, Police may stop you for any reason, but are not entitle to any information other than your identification nor may they detain you without clean suspicion. (Flex Your Rights, 2006)In this particular case, the Police Officer did not have any justifiable or probable cause to frisk Don because the latter(prenominal) was not an immediate or significant threat to the officer nor was in that respect any sign that Don carried any illegal weapon.Perhaps the only reasoning that can be applied by the Police Officer that might justify his stop and frisk action in this case is the tip or report given to him that a lone virile driving in a car with an out -of-state license would be culmination through town, traveling in an easterly direction, and carrying an illegal shipment of heroin. retributory the same, the Police Officer went over and beyond his call and duty by frisking Don and subjecting him to a warrant less search on account of a traffic violation.Furthermore, if there was any evidence that can be used against Don in this particular case is anything that is evident to eye of the Police Officer. The marijuana that was seized inside the car cannot be used by the State in convicting Don simply because it was obtained thru an illegal search. eyepatch it is given that Don consented to the search, the court should rule that the burden is on the pursuit to prove the voluntariness of the consent and awareness of the right of choice. (Find Law, 2006)In this particular case, I am of the opinion that State X must rule in favor of Don and suppress all evidence obtained in the encounter between Don and Police Officer Jones since the search was done illegally and all evidence acquired as a result thereof should be considered inadmissible. Hence, the charges of illegal possession of marijuana and other dangerous drugs should be dropped. At best, Don should be convicted of driving with expired license a direct violation of State Xs law and should be lacelike the appropriate penalty.ReferencesFind Law, 2006 US Constitution, Fourth Amendment onlineAvailable at http//caselaw.lp.findlaw.com/ information/constitution/amendment04/cited on June 11, 2006Flex Your Rights, 2006 Fourth Amendment Supreme Court Cases onlinecited on June 11, 2006