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Officer White of the local county sheriff’s department received information that boxes of stolen televisions were being stored in April’s garage. He parked down the street, and with a telephoto lens took pictures of the garage when it was opened by April. Stacks of boxes clearly labeled as the missing televisions were visible. He went to the magistrate and obtained a search warrant. He and other officers later searched the garage and found fifty of the stolen televisions. If Officer White did not have the pictures, but just information from several informants, but he told the magistrate that he had seen the boxes, the exclusionary rule​:________.

User RodolfoAP
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2 Answers

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Final answer:

If Officer White lied to the magistrate about seeing the boxes, evidence obtained might be deemed inadmissible under the exclusionary rule unless exceptions like good faith or inevitable discovery apply. However, false testimony to obtain a warrant usually invalidates such exceptions.

Step-by-step explanation:

The exclusionary rule requires that evidence obtained through illegal search and seizure be excluded from being presented in court. If Officer White had only information from informants and falsely told the magistrate that he had seen the boxes of stolen televisions, any evidence obtained as a result of the search warrant based on this false testimony could potentially be suppressed under the exclusionary rule. This rule applies unless an exception, such as the good faith exception, where officers rely on a warrant they believe to be valid, or the inevitable discovery doctrine, which applies when evidence would have eventually been found through legal means, can be shown to apply. Yet, providing false information to obtain a warrant typically invalidates the good faith exception, as the warrant was obtained through deceit.

User Bob Blob
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3 votes

Answer:

The exclusionary law will be used

Step-by-step explanation:

The exclusionary rule, is a constitutional based law that prevents government officials ,like the police to use substantial evidence against someone.

Relating to the question above, if officer white does not have the pictures in physical and he told the magistrate that he had seen them, the exclusionary rule will be used because the evidence is not enough to prove the case.

User Silmathoron
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