Defective Search Warrant Case Study Term Paper

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Right's residential property. Mr. Sight can still be held and charged on any evidence taken directly from his person, but not from the evidence secured from his private residence.

Reasons

Although the K-9 team alerted to the presence of drugs in Mr. Right's residence, his dwelling was not in the content of the initial warrant. There was no mentioning of anything to do with Mr. Right's residence, nor any suspicion to assume that he may also have been involved in criminal drug use and distribution. The Fourth Amendment clearly demands a warrant to be specific in who or what is to be searched, and therefore the warrant did not cover the search of any additional private residences. In searching Mr. Right's property without a warrant, the Saint Leo Police department could leave itself open to potentially having to pay the consequences of loosing in a Section 1983 lawsuit. Moreover, it is true that the K-9 signals would be enough to establish probable cause.

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This would've allowed police officers to conduct a search of Mr. Right's residence if they had gone back to the judge and acquired another warrant based on the probable cause that the canine had provided. This was not done, however, and the officers searched the property right on the spot, without acquiring an additional warrant. As such, the search of Mr. Right's property could be seen as unconstitutional.

Core Values

The core values of this department demand respect for the U.S. Constitution and the Bill of Rights. All members of criminal justice organizations and institutions should always act in according to the letter of the law. This requires adhesion to the rights as defined by the U.S. Constitution and the Bill of Rights.

Keeping the charges relating to what was found on Mr. Right's property would thus be a clear breach of those values, as it violates his Constitutional rights as an American citizen......

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"Defective Search Warrant Case Study" (2013, May 31) Retrieved June 4, 2026, from
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