Understanding Search and Seizure Ann Pierce AIU Online Abstract What are the guidelines for search and seizure? When is it ok to not have a warrant to search? This paper will look at what is required to get a warrant, when one is needed or not needed, and some of the types of searches performed by police. Understanding Search and Seizure The 4th amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The fourth amendment is about privacy.
Investigation: A person can have reasonable privacy even in a public place. In this case, the person utilizing the phone booth would expect reasonable privacy because they would not think that their conversation would be recorded regardless of the conversations that took place. Under the Fourth Amendment, the taping of the phone conversations constitutes the search even though the search was achieved without a warrant. Conclusion: The evidence such as the tapes were inadmissible under the Fourth Amendment. Thus, the conviction was overturned.
If an individual wants to sue regarding a supposed Fourth Amendment violation, they must have a standing (Fourth Amendment, 2013). A standing requires that there is a legitimate expectation of privacy at the location where the search took place (Fourth Amendment, 2013). To be considered a legitimate expectation of privacy it must pass two tests of subjective and objective reasonableness (Fourth Amendment, 2013). The subjective test requires that the individual truly did expect privacy and the objective test requires that a reasonable person in a similar or the same situation would expect privacy as well (Fourth Amendment, 2013). Additionally, the Fourteenth Amendment applies the Fourth Amendment’s stipulations contrary to the states and the federal government (Fourth Amendment, 2013).Generally, courts will count evidence illegally obtained through unlawful searches and seizures as inadmissible (Fourth Amendment, 2013).
Exclusionary Rule Evaluation From the Fifth Amendment comes the Exclusionary Rule which affirms that no entities or things may be used and showed in court if taken unlawfully or without appropriate search warrant. Public citizens are well-known with the idea that they have a right to confidentiality, and cannot be investigated devoid of a warrant. Nevertheless, not many people comprehend how the exclusionary rule, which is what truly imposes this right, defends us. The rationale and purpose of Exclusionary Rule discourage police delinquency. Exclusionary Rule is also grounded in Fourth Amendment and it is projected to guard people from prohibited searches and seizures.
Cost and Benefits When determining the cost/benefit analysis to the exclusionary rule, one must take into consideration the outcome. This can be done by using critical thinking. Does the end justify the means? “The cost is that the exclusionary rule (cost to society) keeps evidence from the jury and makes it more difficult and more impossible to obtain a conviction (because of the loss of the evidence or the necessity of a retrial)” (Cost Benefit Analysis To The Exclusionary Rule, 2011). When officer conduct a search of a person’s house without following proper procedure the evidence that is obtained may not be admissible in court, the result is criminals go free.
By giving them a practicle example of what could happen would help others to realise the implications of not keeping information secure. Aiv) There are two types of recording information, these are manual and electronic. There is security issues with both, security of electronic data/info has to be kept up to date and passwords changed regularly to help to stop unauthorised access, whilst manually recording/storage should be kept in a secure place with access only to those that need it. Task B Its important to record, store and share information securely to protect confidentiality and safeguard vulnerable adults. It’s important to keep legible, accurate, and up to date records and it’s also extremely important to have secure information systems to ensure necessary safeguards and appropriate use of personal information, with issues relating to Human Rights and confidentiality as part of
Requirement of a search warrant Arrest warrants Relationship to the right to privacy and probable cause Discuss exception to warrant requirement Probably cause for search warrant Outcome Conclusion The paper has discussed the requirement for search warrants and how they relate to the right of privacy and probable cause. and addition, this paper also discussed exception to warrant requirements. Reference
B Jackson CJ299 Associate Capstone in Criminal Justice November 17, 2011 Search and Seizure: A look into the Criminal Justice System Kaplan University Online Campus November 17, 2011 Author: Barbara Jackson Abstract The Fourth Amendment states “ the right of people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized(U.S. Constitution). An analytical approach of when these rights appear violated based on the distinction between consent required versus nonconsensual justification, defining the principles of mere suspicion, reasonable suspicion and probable cause, the searches associated with persons, residences, other locations not under suspects’ control and searches after an arrest is made. Through the scenario provided the impact of repercussions that can occur if not properly implemented will be discussed. Introduction Picture what it feels like to be arrested based on evidence from a search and seizure. This essay will examine the protocol for search and seizure, legal justifications for searches, citations and examples of court cases, exclusionary rule of evidence, difference of evidence between the two residences and fruit of the poisonous tree doctrine and how all of these relate to the scenario provided.
This doesn’t include what the media does with celebrities and their private life. This more involves police matters and investigators searching for information. These people do this based on evidence that shows that a person must be investigated and their private life be made more known to them. This may be shown by actions or something a person implied that makes people suspect that they may do something to harm others. At the risk of putting others in harm’s way or jeopardizing other’s lives, police and investigators breech a person’s private matters and make sure that no one else will be harmed.
Crime Scene Investigation CRJ 320 Crime Scene Investigation One of the most important aspects of being trained in Law Enforcement is the ability to conduct a crime scene investigation. The ability to contain and not contaminate the crime scene while also gathering information is a daunting task for any individual. Taking steps to insure the scene is secure, wounded are cared for and that evidence remains intact are just a few of the necessary tasks. Attorney General Janet Reno once stated that “Actions taken in these first few hours of investigation at a crime scene can play a pivotal role in the resolution of a case. Careful, thorough investigation is key to ensuring+ the potential physical evidence is not tainted or destroyed or potential witnesses overlooked.