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Case Summery

Essay by   •  February 18, 2011  •  Essay  •  685 Words (3 Pages)  •  1,206 Views

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Case Summary for U.S.vs.Leon

Prior History: -Mapp vs. Ohio

-U.S. vs. Calandra

-4th amendment (search and seizure)

-5th amendment (not to incriminate yourself)

Facts: -steak out for suspected drug dealing

-information from confidential informant

-previous convicted drug dealer

-search warrant prepared by drug enforcement officer (experienced)

-warrant issued by state judge

-drugs found and indicted in Federal Court for drug dealing

Rule: -federal judge overturned warrant

-reliability was not established

-probable cause of drug sale was not independently established

-the exclusionary rule

-constitutional rule

Reasoning: - good faith exception

-person who was violated has ground to prevent government from using

obtained evidence

The prior history in the case U.S. v. Leon is the case Mapp v. Ohio, the case U.S. v. Calandra, the 4th amendment, and the 5the amendment. In the case Mapp v. Ohio, the police did and illegal search by breaking into the home without a search warrant. The search warrant was never produced at trial and Mapp was convicted of possession of obscene books that were not hers. The courts allowed the evidence knowing that hey unlawfully seized. In the case of U.S. v. Calandra, was a case about limiting the exclusionary rule.

The facts in the case of U.S. v. Leon, the police had a confidential informant of unproven reliability and got a warrant based on his information. The police did

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