POLS 4720 Lecture Notes - Lecture 10: Exclusionary Rule, Misdemeanor
5 May 2018
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-The exclusionary rule would not apply in this case because under the precedent Herring,
officers who follow the law that was applied at the time of the conduct does not deter
Fourth Amendment violations. Also, under Davis, because Detective Silk was following
the law before United States v Jones came out, searches conducted on the binding
appellate precedent are not subject to the exclusionary rule.
2.
-Explain the holding from Gideon v Wainwright. When do you have the right to an attorney?
-The holding from Gideon v Wainwright stated that the Constitution meant for the state
courts to appoint and provide attorneys to defendants who cannot afford counsel (Oyez,
1963). To determine when a defendant has the right to an attorney, the actual
imprisonment test should be applied. The test states that “the counsel must be appointed
for an indigent defendant in any criminal case that actually leads to incarceration, even
for a very brief period”. In all criminal prosecutions, the defendant has the right to have
the assistance of counsel for his defense under the Sixth Amendment. Justice Hugo Black
stated in Gideon v Wainwright that the appointment of an attorney is fundamental to our
system of justice (Oyez, 1963)
-You are facing a complicated case due to violation of state environmental statutes, but the
sentence is limited to a fine?
-Using the Actual Imprisonment Test, because I am only limited to a fine and there is no
risk of incarceration, I do not have the right to an attorney.
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Document Summary
The exclusionary rule would not apply in this case because under the precedent herring, officers who follow the law that was applied at the time of the conduct does not deter. Also, under davis, because detective silk was following the law before united states v jones came out, searches conducted on the binding appellate precedent are not subject to the exclusionary rule. The holding from gideon v wainwright stated that the constitution meant for the state courts to appoint and provide attorneys to defendants who cannot afford counsel (oyez, To determine when a defendant has the right to an attorney, the actual imprisonment test should be applied. The test states that the counsel must be appointed for an indigent defendant in any criminal case that actually leads to incarceration, even for a very brief period . In all criminal prosecutions, the defendant has the right to have the assistance of counsel for his defense under the sixth amendment.
