Criminal Investigation Scenario: Criminal Scene Term Paper

As a result, if an illegitimate interrogation or investigation contributes to the identification of physical evidence, the investigation and physical evidence must be excluded from trial. In this case, the interrogation or investigation is excluded on the basis of the exclusionary rule while the physical evidence is excluded on the basis that it's the fruit or product of illegal interrogation.

The significance of the exclusionary and the fruit of poisonous tree doctrine is that they both provide a deterrence approach regarding criminal investigations and the admissibility of evidence obtained from the investigations. Based on constitutional and federal violations, these legal concepts are based on deterrence as the rationale and exclusion as the remedy (Pitler, 1968, p.650). In the scenario involving the warrantless search and seizure of Ellis household, the exclusionary rule and the fruit of the poisonous tree doctrine are significant in determining legality of the investigation and the admissibility of the collected evidence at a trial.

Steps for the Investigation:

As evident in the analysis of the scenario, the law enforcement personnel conducted an unreasonable search and seizure of Ellis household. These actions not only violated the provisions of the Fourth Amendment but were also carried out without some necessary steps. To ensure that the rights of all individuals are protected and promote the admissibility of the evidence at trial, I would carry out two major steps. First, I would secure the crime scene to ensure that there is no possibility of destruction, interference, or removal of evidence. Secondly, I would request for a search warrant in order to carry out the investigations at the crime scene.

In conclusion, the investigation of a crime scene is a crucial element in the arrest and prosecution of criminals that is governed by regulations and legal concept. Some of the legal concepts and regulations governing such investigations include the Fourth Amendment, exclusionary rule, and the fruit of the poisonous tree doctrine. Law enforcement officers need to ensure that they abide by these legal concepts and regulations while carrying out their activities.

References:

Farb, R.L. (2002). The Fourth Amendment, Privacy, and Law Enforcement. Retrieved from University of North Carolina -- School of Government website: http://sogpubs.unc.edu//electronicversions/pg/pgspr02/article2.pdf?

"Fourth Amendment." (1992, October 5). Search and Seizure. Retrieved from U.S. Government

Information website: http://www.gpo.gov/fdsys/pkg/GPO-CONAN-1992/pdf/GPO-CONAN-1992-10-5.pdf

"Fourth Amendment." (n.d.). Legal Information Institute. Retrieved from Cornell University

Law School website: http://www.law.cornell.edu/wex/fourth_amendment

"Fruit of the Poisonous Tree." (2010, August 19). Legal Information Institute. Retrieved from Cornell University Law School website: http://www.law.cornell.edu/wex/fruit_of_the_poisonous_tree

"Legal Division Reference Book." (2012). Homeland Security. Retrieved from Federal Law

Enforcement Training Center website: http://www.fletc.gov/training/programs/legal-division/legal-division-reference-book.pdf

Pitler, R.M. (1968). The Fruit of the Poisonous Tree Revisited and Shepardized. California Law

Review, 56(3), 579-651. Retrieved from http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2807&context=californialawreview