Application Essay

359 WordsOct 6, 20142 Pages
David Gray CJUS 200 Application Essay 2-15-14 Can you seize the marijuana plants at that time? If yes, what is your legal justification for doing so? If no, what legally prohibits you from doing so? No, as a police officer you would not be able to seize the marijuana plants at this time, by doing so you would be violating the rights of the citizens of the house that was entered due to the noise ordinance. Actually, the fourth amendment would actually keep you from doing so because it states that “every citizen right to be free from unreasonable government intrusion into their persons, homes, businesses, and property –whether through police stops of citizens on the street, arrests, or searches of homes and businesses”. Based on your observation of the marijuana plants, do you need a search warrant to enter and search the house and the resident? If yes, what is the basis for this legal requirement? If no, what is the justification for this exception to the search warrant requirement? Yes, from my observation of the marijuana plants you would need a search warrant to enter and search the house and the resident, but in saying that you would need probable cause, which refers to the requirement in criminal law that police have adequate reason to arrest someone, conduct a search or seize property relating to an alleged crime to enter the house, so in this case the citizens are breaking the law due to growing illegal drugs. If you enter the residence and seize additional evidence inside and that search and seizure is later deemed illegal, would the additional evidence be admissible in court? Why or why not? In my opinion any additional evidence inside the premises would not be admissible in court, this is because as I stated above that any evidence that was collected at the premises and either the search warrant was not issued or was deemed to be

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