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Swear on the Stand
Daniel W. Swear
61 episodes
1 week ago
Tune in to learn about topics related to law, government, leadership, conflict resolution, and organizational management.
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Education
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Tune in to learn about topics related to law, government, leadership, conflict resolution, and organizational management.
Show more...
Education
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United States v. Wilson: Exclusionary Rule and Bare-Bones Warrants
Swear on the Stand
13 minutes 32 seconds
1 month ago
United States v. Wilson: Exclusionary Rule and Bare-Bones Warrants

This episode discusses a Fifth Circuit Court of Appeals opinion, United States v. Wilson, concerning a Fourth Amendment challenge to the exclusionary rule and its good-faith exception. The majority opinion affirms the district court’s decision to suppress evidence obtained from Ricky Wilson's girlfriend's apartment, finding the search warrant affidavit was "bare-bones" because it failed to establish a nexus between Wilson’s alleged crime (an aggravated assault at a Waffle House) and the place searched. The majority criticizes the affidavit for resting on conjecture rather than facts, thereby rendering the officers' reliance on the warrant unreasonable. In contrast, the dissenting opinion argues that the good-faith exception should apply, based on the common-sense inference that people typically keep personal items, including firearms and ammunition, in their homes, especially when the residence is in reasonable proximity to the crime.

Swear on the Stand
Tune in to learn about topics related to law, government, leadership, conflict resolution, and organizational management.