Rassmusen College Mapp v Ohio Exclusionary Rule Scenario Discussion

Overview

For this discussion, you will discuss the exclusionary rule and apply it to a real-world scenario.

Scenario: You are a homicide detective. You and another detective are interviewing a homicide suspect, John Smith, at his residence. John invited you in, and the interview takes place in the front living room, adjacent to the front door. You ask and receive permission from John to use his bathroom. John tells you to walk through the kitchen and down the hallway to the bathroom. For whatever reason, you have a habit of routinely opening and refrigerator and freezer doors and looking inside. In this instance, when you open the freezer door, you are startled by the presence of a severed head, which is inside a plastic bag. You yell to your partner, “Get him!” John puts up a fight but is eventually taken into custody. The severed head is later positively identified as a recent homicide victim.

Instructions:

In your initial post:

• Explain the exclusionary rule.
• Discuss if the exclusionary rule applies to this scenario. Justify your answer.
• If the exclusionary rule applies, what are the potential ramifications?
• Support your comments with a sound legal argument.