Prepare and turn in your final paper: "The Fourth Amendment's exclusionary rule and its 'good faith' exception." The requirements and scoring rubric for this paper are as follows:
- APA format, (15 points) including:
- proper citations within the text
- 10 to 15 pages in length, excluding the title and references pages
- A title page with given title for your chosen research project
- An abstract page, briefly stating your research topic, major conclusions, and possible implications of your research, 75 and 150 words.
- A main body (120 points), divided with appropriate subheadings, including at least the following:
- An introductory paragraph (40 points), discussing:
- The Fourth Amendment's prohibition against unreasonable searches and seizures, and its incorporation against the States through the Due Process clause, citing Mapp v. Ohio
- The nature of the exclusionary rule as a remedy for Fourth Amendment violations
- A quotation of the Fourth Amendment, properly cited
- The topic of the paper, i.e., the relationship between the Fourth Amendment's exclusionary rule and its 'good faith' exception in leading Supreme Court case law
- A subheading and discussion for U.S. v. Leon, (40 points) with illustrative quotations from the opinion, inluding:
- facts and procedural history of Leon
- the US Supreme Court's holding of Leon, that the exclusionary rule would not apply to searches based on a warrant obtained in good faith, but later held invalid
- the reasoning for the Court's holding, i.e., the policy underlying the exclusionary rule and its limitations in searches with a judicial warrant
- the US Supreme Court's conclusion about whether the exclusionary rule applied to the search in Leon
- the US Supreme Court's final disposition of the case (conviction reversed or affirmed, remanded for further proceedings, etc.)
- all properly cited within the text
- A subheading and ordered discussion of Supreme Court cases following Leon, (40 points) with one or more illustrative quotations from the opinions, inluding:
- respective facts and procedural histories of Hudson v. Michigan (2006), Herring v. US, 129 S. Ct. 695 (2009), Davis v. US, 131 S.Ct. 2419 (2011), and Utah v. Strieff, 136 S. Ct. 2056 (2016)
- the US Supreme Court's application of Leon's principles to determine whether the challenged search and seizure required the exclusionary rule or some version of the 'good faith' exception to exclusion
- the US Supreme Court's conclusion about whether the search and seizure in each case required application of the exclusionary rule, and why
- the US Supreme Court's final disposition of the cases (conviction reversed or affirmed, remanded for further proceedings, etc.)
- all properly cited within the text
- A subheading and conclusion, of one or more paragraphs (15 points), including:
- Re-stating the constitutional protection against search and seizure, its enforcement through the exclusion of evidence at trial, and limitations on the exclusionary rule
- Summarizing Leon's 'good faith' exception to the exclusionary rule, including both the formal and policy reasons for the good faith exception, and the exceptions to the 'good faith' exception
- Summarizing Leon's impact on the enforcement of the Fourth Amendment
- Your positive or negative legal, moral, or policy reactions and views on the topical material, re-stating evidence supporting your position