Police officer need a warrant to search a person, no matter who he is. I support the first opinion, I believe the police officers are protector of people rights, but sometimes they need to invade certain person’s own right to protect the whole society. Police officer can search without warrant in three cases, “The first, called the “plain view doctrine,” refers to situations in which the police, during the course of legal police business, see something of interest in plain view, for example, if a police officer on duty on the street, and see someone sitting in the car and use illegal drug, he can seize the evidence without the warrant. Second, the police can also legally conduct a warrantless search if you give permission for them to do so. Finally, a police officer can conduct a “search incident to arrest” without a warrant.
This means if a person is arrested without a warrant or without probable cause and incriminating evidence is discovered after the arrest, that evidence cannot be used against the arrestee. Automobile Exception: The United States Supreme Court has stated individuals have a reduced expectation of privacy in vehicles and because vehicles are “readily mobile” it is not practical to require police to obtain a search warrant for a car. If the police have reasonable suspicion to believe that a crime has been committed, they can initiate a traffic stop. Reasonable suspicion can be nothing more than the driver’s failure to use a turn signal when changing lanes or not wearing a seat belt. If the initial traffic stop is valid, and the police develop additional
The accused are innocent until proven guilty and cannot be found guilty unless the prosecution can prove beyond reasonable doubt that the accused did in fact commit the crime or crimes that he or she is being accused of. The accused have the right to remain silent, the right to an attorney and if they cannot afford it one will be provided for them, they have the right to a trial by jury and the right to confront witnesses against them, and the right to bail bond unless they are charged with murder or the court determines them a flight risk. The accused also have the right against self-incrimination meaning that a person cannot be forced to be a witness against himself. Rule seven of the Federal Rules of Criminal Procedure states that the accused must have a plain, concise, and definite written statement of the facts constituting the offense they are being charged with. The accused have the right to counsel which means that under the sixth amendment the accused has the right to representation by an attorney.
Prosecution Argument: Brinegar already had a reputation on transporting illegal alcohol, and when was pulled over he admitted to having some alcohol on him. Defense Argument: That the police had no probable cause on seizing the alcohol, or a warrant. Decision/ Rationale: While the police don’t always have to be correct in conducting a warrantless search, but the search must always be reasonable. Dissent: 6-3: Mr.Jackson dissented that, “the 4th amendment and are not mere second-class rights but belong in the catalog of indispensable
However, the vehicle appeared to have committed a traffic violation based off of Smith’s perception. In the case of Whren v. United States, this case can back up Smiths’ reason to pull the driver over based off of probable cause to believe a traffic violation has occurred. Once Officer Smith began to approach the automobile, she then had reasonable suspicion of the vehicle based off of its description of an earlier crime. This gives law enforcement a reason to conduct a pat down. The pat down of the driver was very much legal based off of reasonable suspicion of the vehicle’s description.
Due Process In order for a crime to occur there are elements to a crime. First the act that was committed has to be justified illegal, next there has to be a victim, and a location the alleged crime occurred. Unless a police officer has witnessed the crime when it occurred, they cannot respond until the crime has been reported. After a crime has been reported then the criminal justice system begins. The person who allegedly committed the crime has just as many rights as the victim, and their rights start the moment the arrest is made.
Legal procedures which will stop law enforcement should be excluded. The criminal justice system should operate quickly without delays from the criminal cases and the character of the cases. The arrest of someone should be thought of as being guilty, but in society everyone is innocent until proven guilty. The investigation of the suspect has been done, all facts are in, and so the suspect should be assumed guilty. The process is to discover facts and establish guilt of the
Statutory Offenses The phrase of crimes are statutory offenses means that an illegal crime was committed that violated a criminal statute (Mallor, J., 2013, p.130). In order to convict a person of any wrong doing that violated a crime, the plaintiff’s lawyer has to provide evidence of the criminal act committed, demonstrate substantiated evidence that would show beyond any doubt that the defendant committed the act, and prove that the defendant was fully capable of engaging himself in the criminal act of what he/she is being accused of (Mallor, J., 2013, p. 130). Any kind wrongful behavior is not considered a crime, unless Congress or the state legislature has criminalized it (Mallor, J., 2013, p. 130). An example is, Killing vs. United States; after four months when Jeffrey Skilling’s resigned from Enron’s Corporation it went into bankruptcy (Mallor, J., 2013, p.133). A Federal Investigation was filed, uncovered an elaborate conspiracy to prop up Enron’s short-run stock prices by overstating the company’s well-being (Mallor, J., 2013, p.133).
Also, it is important in this process to prove a person guilty by legally-found facts and evidence. However the crime control model does not protect a suspected offender’s rights as much. The crime control model is based more on helping the victim, even if defendant’s rights are compromised. This model attempts to repress crime and give expansive power to police. It looks to find guilt rather than prove innocence.
However, with the “due process an individual is allowed their day in court if suspected of a crime because of United States constitution. Therefore giving that individual a right to a fair trial with an option for a jury of his or hers peers. It is the responsibility of the courts system to provide strong evidence on an individual accused of committing a crime beyond reasonable doubt. Strong evidence is important to avoid sending an individual to prison if they are innocent (Siegel, J. L.,