Compare and contrast the differing positions taken by the Court and that taken by judges and attorneys in ALI’s Model Penal Code of Pre-Arraignment Procedure regarding the acceptable length of detention in a Terry stop. Which position do you feel is the better approach? Why?
What will be an ideal response?
Student response should include the Court totality of the circumstances approach to assessing if the length of the detention is reasonable, as expressed in the various cases referenced in the chapter as compared to that of the ALI, which advocates for the length to be limited to no more than 20 minutes. The student should then offer an opinion, balancing the police officer’s ability to do to do his or her job versus a person’s individual right to privacy.
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What will be an ideal response?
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In Wong Sun v. United States, the Court created the "attenuation," or ________ to the fruit of the poisonous tree doctrine
A) Inevitable discovery exception B) Witness testimony exception C) Independent source exception D) Purged taint exception
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What will be an ideal response?