U.S.+vs.+Leon

US.vs leon (Mr. Rieck) FACTS/BACKGROUND 1. In August 1981, police in Burbank, California received a tip identifying Patsy Stewart and Armando Sanchez as drug dealers. 2. Police began surveillance of their homes. 3. They followed leads based on cars that frequently visited the residences. 4. Police identified Ricardo Del Castillo and Alberto Leon as also being involved in the operation. 5. Based on information from the surveillance and an anonymous tip, a detective wrote a signed statement of fact. 6. Judge issued a search warrant for them. 7. Police found illegal drugs and indicted Leon for violating federal drug laws. 8. Judge concluded that the signed fact was insufficient; that it didn’t establish a probable cause necessary to issue the warrant. 9. Because of that, evidence of illegal drugs could not be used at trial. 10. Argument of whether or not a “good faith” exception should be allowed.  ISSUE/MAJOR QUESTION Major question: Should the court be allowed to make an exception for “good faith” people? Should people be given a break for being a good person?

Issues: If the costs outweigh the benefits, the public will lose respect for government. Guilty defendants can go unpunished.  MAJOR LAW OR RIGHTS DISCUSSED 4th Amendment, search and seizures.  DECISION 6 voted to allow a “good faith” exception to the exclusionary rule. 3 voted against it.

REASONING The exclusionary rule may not always be the right thing to do, but it helps to filter the good from the bad.