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2006-07-11 10:03:29 · 3 answers · asked by clauzell25 1 in Politics & Government Law & Ethics

3 answers

You weren't very specific on what you meant.

The good faith doctrine is a concept which as arisen out of the exclusionary rule. The exclusionary rule was first introduced as being applicable to federal courts and prosecutions by Boyd v. United States 115 U.S. 616 (1886). In Mapp v. Ohio, 363 US 643 (1961) the US Supreme Court had decided that the exclusionary rule also applied to the states. In all of these cases, the police were held to have committed an invalid search. In the case in Mapp, police invaded her home on a cause which at best was flimsy, were unable to produce a search warrant, and siezed evidence which was used against her at trial. A 6-3 majority of the court determined that evidence thus gained could not be used against her.

Having given that background, the Good Faith doctrine has been argued that when an officer relies in good faith that the warrant that he/she is executing is valid, that the evidence should not be excluded, even though the warrant may not in fact be valid. The good faith doctrine is used to cover warrants which are defective in some way, but through a mistype or misprint of another. A warrant which was obtained by an officer's subtrefuge would probably not be subject to a good faith doctrine defense.

There is also a Good Faith doctrine in Contract Law, and in Corporate Law. If you can give me more speific information on what you're wanting, I can give you more specific information.

2006-07-11 10:33:34 · answer #1 · answered by Phil R 5 · 0 0

can we use it in insurance ?

2014-11-16 13:56:52 · answer #2 · answered by Repon Mysterious 1 · 0 0

I don't know!!!!!!!!!!!!!!!!!!!!!!!

2006-07-11 17:06:05 · answer #3 · answered by Varachack 2 · 0 0

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