The Fourth Amendment states that: 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, particularly describing the place to be searched, and the persons or things to be seized. The last part of the Fourth Amendment deals with search warrants. A search warrant is an order signed by a judge that authorizes police officers to search for specific objects or materials as a definite location at a specified time. What this means is that a police officer must get a judge or magistrate to believe that they have probably cause enough to rate a search warrant. The police officer must submit an affidavit that will establish more that a suspicion, and it doesn’t have to be admissible at the trial.
Search and Seizure Paper According to the Fourth Amendment of the United States Constitution, “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 be 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” as a country we take our liberties seriously. Our founding fathers believed a search, seizure, arrest, and reasonableness were the basic foundation to a law abiding country. Today, these elements continue to impact our criminal justice system. We will take a closer look into these to define there necessity in our
Whether a passenger has an expectation of privacy in a vehicle will depend on the totality of the evidence. The circumstances must be such that it would not be possible to obtain a warrant. The judge found that there was no unlawful search and seizure as the search was conducted following the assault by Mr.
(caselaw.findlaw.com/data/constitution/amendment04/). Four models of the Fourth Amendment provide protection: a probabilistic model, a private facts model, a positive law model, and a policy model (Stanford Law Review, p. 503). Exceptions of the right of privacy, is not as stringent in a person’s vehicle. If one’s behavior is suspicious, an officer may impound the vehicle or search its contents without a warrant. The Fifth Amendment to the Constitution According to Tom Head’s Civil Liberties, and the Fifth Amendment, a person cannot be held for questions in a capital crime unless an indictment has been issued by a Grand Jury.
Inadvertence means that an officer must not have prior knowledge that the evidence was present. The discovery must be purely accidental. ____________________________________________________________ 4. Situations where the plain view doctrine applies are when out on patrol. You see a person with something illegal the plain view protect you when stopping the person.
The totality of circumstances provides that one must look past each individual aspect of the scenario and look at the scenario as a whole. In Officer Smith’s case, with the absence of a broken taillight, one must consider that, even though the light was not broken, Officer Smith still would have had lawful reason to pull the vehicle over since it matched the description of a vehicle in a previous murder case. Even though this car was not the vehicle involved, the driver gave the Officer probable cause to believe that it could be by fleeing the scene. With the totality of circumstances considered, I believe the entire scenario would be found
The court will also contemplate other justifying circumstances. The evidence will be thrown out if the officer used intimidation to get the consent to search. In this case, the officer did have reason to believe that the suspect was carrying drugs in his car after overhearing the phone conversation.
The Fourth Amendment allows the people certain protections, which allows a 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.” (Find Law. Fourth Amendment) So before an officer can search you, or your home they must have probable cause and have a warrant in hand or risk any evidence being collected useless during trial. The Fifth Amendment allows helps protect the person being arrested by allowing them to remain silent, in return protecting them from incriminating themselves. When being arrested, by law the officer reads the person their Miranda Rights, which includes remaining silent, contacting or providing a lawyer, and also protecting from being tried twice for the same crime which comes under the protection of Due Process. The Sixth Amendment allows the right to a speedy and public trial allowing them to stand trial in the district they committed the crime and allowing confrontation from witnesses and those who could help assist the defense.
These places include water bodies, wood areas and even plain grass fields. However the United States constitution protects cartilage. Existing circumstances that requires the police argent search to eliminate danger proceeds without following the due process. Motor vehicles are not residence personal effects. If an individual might to hurt the police officers or destroy evidence, then an arrest follows.
The definition of a warrantless arrest is “An arrest made without a warrant. At common law, an officer was justified in making an arrest without a warrant if the officer reasonably believed that the defendant had committed a misdemeanor in his or her presence or had committed any felony” (Barron’s, 2003). Once arrested there is no exact amount of time a person can be held (it is not usually more than 48 hours) depending on the case. During this time the officer, can finger print the subject and check for outstanding warrants. Once the officer or detective reads the arrestee his Miranda rights, he may be questioned.