Fourth and Fifth Amendment and the exclusionary rule. Fruit of the poisonous tree

  • You want to act on the information about the murder plot, but your
    original wiretap order or warrant does not cover that. The Fourth
    Amendment requires that you have a wiretap order or warrant to listen but
    only for the evidence written in that wiretap order. Will the doctrine of
    the exclusionary rule apply?
  • The Fifth Amendment gives people the right to not testify against
    themselves. This is the law against self-incrimination. If you act on the
    information about the murder plot, are you denying the offenders their
    Fifth Amendment rights because their words incriminated them?
  • If you arrest the other individuals for the crimes not associated
    with the reasons for the wiretap, what happens to any future evidence that
    might be obtained from the wiretap? Why?
  • Will the prosecutors handling the murder trial be able to use the
    recovered firearm as evidence in the trial? Why or why not? Will the fruit
    of the poisonous tree apply? 
  • APA format with 3 references

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