Hudson v. Michigan

Hudson v. Michigan
Background facts:
Police obtained a sanction authorizing a try for drugs and small-arms at the home of petitioner Booker Hudson. They observe both. Large quantities of drugs were found, including cocaine rocks in Hudsons pocket. A loaned weapon was lodged between the cushion and armrest of the chair in which he was sitting. Hudson was charged under Michigan law with unlawful drug and firearm possession. When police arrived to execute the warrant, they auspicated their figurehead, but waited only a short time perhaps three to five seconds onward turning the knob of the unlocked front door and entry Hudsons home. At trial Hudson argued that police violated the lash and announce requirement, therefore all the evidence stemming from the search warrant should be inadmissible. The Trial Judge granted the motion to trounce the evidence. On appeal, Michigan judiciary of Appeals reversed the motion to suppress. shortly after, Hudson was convicted of drug possession. Hudson then filed an appeal which brought the case to the Supreme Court.
readying of the constitution involved in this case:
This case involves the exclusionary radiation pattern which comes directly from the Fifth Amendment. It states that no object may be used in court as evidence if obtained illegally or without a proper search warrant.




Legal questions to be addressed by the court:
Whether the exclusionary rule is appropriate for usurpation of the knock-and-announce requirement?

The decision of the court:
With a 5-4 decision, the Supreme Court found that the exclusionary rule is not appropriate for violations of the knock and announce rule. The Court noted that a knock-notice violation is rarely the but-for reason of obtaining inculpatory evidence. Consequently, when the police violate knock-notice rules by not announcing their presence or waiting sufficient time before forcing their steering in), it is only the manner of entry that is illegal; the subsequent search and the seizure of...If you want to get a full essay, dedicate it on our website: Orderessay



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