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How do you go about gathering evidence for a disciplinary investigation? What can happen when things are seized?

User Gzg
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Final answer:

Gathering evidence for a disciplinary investigation involves careful adherence to legal protocols surrounding searches and seizures under the Fourth Amendment. Illegal searches may lead to the exclusionary rule, rendering evidence inadmissible in court. Proper documentation and organization of evidence, using tools and thorough research logs, is essential.

Step-by-step explanation:

To gather evidence for a disciplinary investigation, one must ensure that all evidence is collected in a manner that respects legal boundaries and ethical standards. This includes understanding and adhering to the Fourth Amendment, which places limits on searches and seizures. Searches refer to efforts to locate certain items or information, and seizures involve taking these items by the government for use as evidence in a criminal prosecution or detaining a person.

When evidence is seized, several outcomes can occur depending on the legality of the seizure. If the evidence is obtained through a reasonable search, it can be used in court. However, if an illegal search or seizure occurs, such as searching without a warrant outside of established exceptions, the evidence collected may be subject to the exclusionary rule. Under this rule, initially established by the Supreme Court case Mapp v. Ohio and rooted in the principle of the "fruit of the poisonous tree," evidence obtained illegally cannot be used in court and any subsequent evidence found as a result of the initial illegal search or seizure is also inadmissible.

Choosing evidence for a proposal involves considering its factual basis, and minimizing bias. Always accurately cite your sources, whether it is primary evidence collected through fieldwork or secondary sources like publications. Tools like Todoist or EndNote can help organize research logs, and college libraries often provide access to such resources. Keeping meticulous records of evidence, its sources, and the manner of its collection is essential for maintaining its integrity and usefulness in any investigative procedure.

User Saykor
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