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Text The Fourth Amendment Diluted With a lamentable 5-to-4 ruling on Wednesday, the Supreme Court carved a new exception to the nearly century-old exclusionary rule, which forbids prosecutors from using evidence obtained by the police as the result of an improper search.
It turned out that the warrant, although still in the computerized database of a neighboring town, had been withdrawn five months earlier. By the time the error was discovered, officers had stopped Mr.
Herring, handcuffed him, searched him and his truck and found methamphetamine and an unloaded pistol. No one disputed that Mr. Nevertheless, the Supreme Court declined to exclude the seized evidence, and upheld Mr.
The arrest was based on careless police record-keeping rather intentional misconduct, the court reasoned.
The decision also overlooks the importance of preserving a strong incentive for maintaining accurate, up-to-date records in an era of increased law-enforcement reliance on coordinated computer databases. These points were noted by Justice Ruth Bader Ginsburg in a thoughtful dissenting opinion.
The outcome was not very surprising. But until this week, those exceptions were limited to instances when the improper search resulted from nonpolice errors, say by judicial officers or a legislature — not solely from police behavior.
The danger of this ruling is that judges will read its broad reasoning to prevent the exclusion of evidence in cases of negligent police conduct going well beyond sloppy record-keeping. Analysis The title of the article is very eye catching as well as compelling.
People are instantly frightened anytime the constitution is in question.
The author is also instantly given credibility by writing for the New York Times. He also has an expansive vocabulary and seems educated on the topic. His stance becomes clear in the first sentence when he uses the word "lamentable" in reference to the ruling that created a new exception in the introduction of evidence that was gained without a search warrant.
He is very short and concise about the facts of the case, in order to help his point. He explains that the warrant expired and that the police than searched his car finding drugs and a gun. The Supreme Court than decided that the arrest was based on "careless" police records not on foul play.
The word careless is important because it is open to interpretation and so vague. The chief justice ruling that the conduct must be "sufficiently deliberate" in using wrongfully found evidence.
The author than uses a good metaphor and compares that to a sliding scale that decides if police misconduct is worth the exclusion of evidence. This shows his feelings that this will lead to problems with interpretation in the future.
The fourth paragraph contains much of his argument. He goes through the points that this decision will lead to poor police record keeping, "tramples peoples rights", and involves the higher court system more than they have to be.
The last sentence of the article is the most powerful. He writes "The danger of this ruling is that judges will read its broad reasoning to prevent the exclusion of evidence in cases of negligent police conduct going well beyond sloppy record-keeping. This is important because he instills fear in the reader and makes them think about the variety of ways this decision could be interpreted.
He strongly hints at the fact that police will now be able to use this decision to their advantage and maybe able to blame their misconduct on "bad record-keeping.Jan 25, · Rhetorical Devices Employed in “I Have A Dream” Martin Luther King’s speech is distinct because of the various rhetorical devices it utilises.
Most of the rhetorical devices used in this speech are well balanced and connected to each other. What in the world is a rhetorical analysis? To begin, let us define what a rhetorical analysis is NOT. A rhetorical analysis is not a summary. The crooked man good endings for essays comparative essay linking words anchor essay about football and teamwork sankofa movie essay on malcolm.
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HOW TO WRITE: AP Rhetorical Analysis Paragraphs and Essays Things you must know in order to accurately analyze a text: 1.
SOAPS 2. Rhetorical Strategies.
Ultimately, Barnett characterizes rhetorical realism as a “specific orientation toward language, knowledge, and reality that begins from the assumption that rhetorical discourse and action always emerge in relation to worlds outside or in excess of knowledge and language” (45).
This paper presents initial observations from a rhetorical analysis of the website (leslutinsduphoenix.com) used by the National Academy of Engineering to disseminate and .