ANALYSIS OF CUPP V MURPHY
ANALYSIS OF CUPP V MURPHY
Observation
The police acted in the right manner by conducting a search for physical evidence on Murphy without his permission for the suspect acted in a suspicious manner. Letting Murphy go without conducting a test on the evidence on the finger nails could lead to a possible destruction of evidence. The police thus acted against any case of destruction of evidence.
Fine point
The police conducting a search for physical evidence from the suspect without the suspect’s permission was found to be unconstitutional. However, circumstances that may lead to destruction of evidence forced the police to conduct a forceful search and based on the lab reports, the arrest of Murphy was done as the evidence incriminated him.
Explication
The evidence found on Murphy’s fingernails is sufficient to incriminate him on second degree murder even though the evidence was obtained against the law.
Observation
The police required a warrant to conduct a search for physical evidence on Murphy. The suspect is innocent till proven guilty beyond reasonable doubt; the suspect therefore has a right to be informed of any searches that need to be done whether it is within the law or not.
Fine point
The police broke the law by subjecting the suspect to forceful evidence search thus rendering the process as oppression. All suspects are protected by the bill of rights, therefore, the court needs to act to protect these rights.
Explication
The suspect should not be held guilty based on just facts obtained illegally. The justice system should ensure that persons are found guilty only if all the legal procedures were followed in finding the facts.
Observation
The manner in which the evidence was obtained from Murphy was against the bill of rights. The police needed to first obtain a warrant of search then conduct the search for physical evidence when conducting the interrogation.
Fine point
The evidence obtained from Murphy from his fingernail by the police should not incriminate him in court due to the circumstance to which it was obtained.
Explication
It is important for security personnel to act in accordance with the law to ensure they conduct lawful searches and arrests of suspects.
