That on June 5, 2005, Mr. A did willingly state that the robbery was perpetrated by Mr. A on June 3, 2005, and that Mr. A is in possession of the additional items taken as proceeds of the robbery. The proceeds are located in the bedroom at Mr. a's Continue Reading...
This is true because of the following: Computer storage devices (hard disks, diskettes, tape, and removable drives) can store the equivalent of thousands or millions of pages of information. When users desire to conceal criminal evidence, they often Continue Reading...
arrest warrant and a search warrant. An arrest warrant pertains to the arrest and detention of a particular person based on what crimes the person has allegedly committed. Evidence is necessary to procure a search warrant. However, once it is procu Continue Reading...
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 M Continue Reading...
It also established that so long as a person can expect that their conversation or actions take place in private, they are protected by the Fourth Amendment search and seizure laws relative to surveillance as well as their property (Kitch, 1968). Th Continue Reading...
Arrests An officer of the law has a great deal of power, and it is helpful for civilians to know what rights they have when approached or stopped by an officer. It is also important to understand the difference between being stopped and being arrest Continue Reading...
Further, these writs, once issued, could be reused, and did not expire until the death of the reigning monarch (Knappman, 33). In Massachusetts, a group of colonial merchants, represented by James Otis, petitioned the Superior Court to refuse any n Continue Reading...
The rights given under Fourth amendment are very clear and the search warrants that are issued have to clearly state the reasons for the search being conducted. The reasons must be clear, express and concise. There can be no fishing exercise. If the Continue Reading...
An example would be if an office approached a car and saw an open container of liquor, or if he saw what appeared to be crack rocks on the dash board he would be able to search the rest of the car. When it comes to searching a house without permiss Continue Reading...
Cause A warrant may or may not be required to arrest the defendant when the officer has probable cause to believe that the defendant has committed armed assault, and probable cause to believe that the defendant is hiding in a third person's garage. Continue Reading...
Fourth Amendment states that law enforcement officers need to receive permission from a legal authority in order to be able to look for evidence or seize objects that might contribute to providing information concerning a criminal act. The context o Continue Reading...
search and seizure laws. The writer uses several cases to present a detailed exploration of search and seizure laws and how the courts rule when they are challenged. There were five sources used to complete this paper. The Constitution of the Unite Continue Reading...
Criminal Proceedings -- Probable Cause The Law information site provided by Cornell University defines probable cause as the requirement that is found in the Fourth Amendment to the Constitution that "…must usually be met before police make an Continue Reading...
Reasonable suspicion -- A carefully considered presumption, based on specific facts and circumstances, that a person is probably involved in criminal activity. Before an officer can act on this level of suspicion, he must have enough knowledge to l Continue Reading...
Exclusionary rule exists to protect the rights of citizens to due process when accused or suspected of criminal activities. There are therefore certain constitutional specifications according to which incriminating information can be seized. Without Continue Reading...
Fourth Amendment The United States, as a society, is based upon principles of which other nations in today's world can only dream. Most Americans are proud to admit their heritage, their citizenship, their identity. This "americanness" is fostered b Continue Reading...
Safford Unified School District v. Redding and School PolicyIntroductionSafford Unified School District v. Redding is a US Supreme Court case that was decided on June 25, 2009. The case dealt with the search of a student\\\'s underwear for prescripti Continue Reading...
" According to the American Civil Liberties Union (ACLU). A "national security letter" (NSL) is basically a written demand by the FBI or other federal law enforcement agencies for a group or organization to turn over records or data or documents, wit Continue Reading...
Criminal Defense, Constitutional Rights Arrest Constitutional Rights Before and After Arrest Constitutional Rights are essential when considering a person's relationship with the authorities before and after his or her arrest. These rights practic Continue Reading...
If Harry had been stopped at a sobriety checkpoint, the outcome of his case would be dramatically different. The Supreme Court has determined that sobriety checkpoints are legal, as long as they are conducted in a neutral manner. Stopping all appro Continue Reading...
Criminal Investigation: Article Reviews Eligon, J. (2011). Police sergeant to get jail term for perjury and illegal searches. The New York Times. Retrieved from: http://www.nytimes.com/2011/06/28/nyregion/nyc-police- sergeant-admits-illegal-searches Continue Reading...
Texas Criminal Process Outline Arrest- taking a suspect into official custody. Not all interactions with police, including interrogations, rise to the level of an arrest. Probable cause required for an arrest Arrests may be warrantless or with a w Continue Reading...
Arizona Revised Statutes A.R.S. 13-3881, Arrest: A. An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest. Arrests may be done in the following ways: (1) through the Continue Reading...
Juvenile Arrest List and explain the factors that affect a police officer's decision whether or not to arrest a juvenile. One of the primary responsibilities of police officers is in the investigation of crime and the arrest of suspects. Taking a p Continue Reading...
Crime Control/Procedures The term "play in the joints" refers to flexibility within the law that allows for a certain amount of discretion to occur within the prosecution and judge. Even though there is discretion within the manner in which the Judg Continue Reading...
Fourth Amendment It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the Continue Reading...
A more questionable exception to the Fourth Amendment is the exception of "vessel searches," where, not only is the warrant requirement inapplicable to brief stops of vessels, but also none of the safeguards applicable to stops of automobiles on le Continue Reading...
This makes it easier for investigators to identify connections by clicking on a particular item in the three-dimensional link. The difficulties of this process of proving such a chain indicates the importance of creating steps that can help compani Continue Reading...
The foundation of these limits is the need to protect the privacy of the individual and control police behaviors. Conclusion: In the three cases, the application of the provisions of the Fourth Amendment could have been helpful in ensuring that th Continue Reading...
Criminal Defense Homicide Case Fourth Amendment Searches and Seizures in Contemporary America The conviction of a client charged with murder is threatened by evidence the prosecution holds. There are indications that this evidence was obtained unco Continue Reading...
If this is indeed the case, Leach is within his rights to appeal for an overturn of his conviction. The Fourth Amendment protects travellers from unwarranted police searches, which appears to be what happened in this case. The Fourth Amendment then Continue Reading...
In the case, Carty was a passenger of a vehicle operated by another individual. The vehicle was stopped for speeding, and the driver of the vehicle was asked to sign a form of consent to search the vehicle. During the search, the officer did a pat d Continue Reading...
Discretionary Situations for a Police Chief Discretion in the Police Department Discretionary Situations in Criminal Arrests: "Stop" and "Frisk," Racial Profiling The expectation is that public administrators apply a balancing act in the decision Continue Reading...
" The Fourteenth Amendment explicitly provided the same limitations on the individual state's as existed for the federal government in regards to civil liberties and protections, and therefore the same exclusionary rule based on the Fourth Amendment Continue Reading...
The fact that Fred was eventually allowed to leave is less important in that determination than Fred's state of mind and reasonable belief about whether or not he was still free to leave once the police informed him that he was actually a suspect in Continue Reading...
As a result, if an illegitimate interrogation or investigation contributes to the identification of physical evidence, the investigation and physical evidence must be excluded from trial. In this case, the interrogation or investigation is excluded Continue Reading...
The easiest differentiation is that probable cause only deals with crimes that have been committed while reasoable suspicion can deal with crimes that have been or are about to be committed. Unlike probable cause, reasonable suspicion only requires Continue Reading...
During the 1960's and 1970's, violent contact with the police, resulting in force occurred during anti-war, labor and civil rights demonstrations, during a politically tumultuous time. It is safe to conclude that excessive force was used during the Continue Reading...
His presence at the premises was a product of the coercive interrogation rather than any freely-given consent to search secured through legal means. The State will argue that no warrant was required for Hardbutt to search the premises because Hipho Continue Reading...
