Case Summery
By: Mike • Essay • 685 Words • June 9, 2010 • 987 Views
Case Summery
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