If any citizen tries to misuse his or her basic rights, or take away other citizens, law enforcement is required to take action on it. Individual citizens are empowered by knowing what their rights are because it can protect you from self-incrimination and, keep the criminal justice system from convicting and individual of something they did not do. It can also help you to not get arrested for something you did not do, Knowing what your rights are can also help you know what is criminal from not being criminal, and can keep you out of the criminal justice system. The role of the
Search Incident to a Lawful Arrest: The rationale behind this exception is that a person who has been arrested may destroy evidence or use some type of concealed weapon against the arresting officer. The Supreme Court of the United States articulated this rule in Chimel v. California, 395 U.S. 752 (1969). The Court held it was reasonable for law enforcement to search an arrestee for evidence or weapons. In order for a search incident to arrest to be lawful, the arrest itself must be lawful. 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.
Finally, a police officer can conduct a “search incident to arrest” without a warrant. This means that during the course of a lawful arrest — one that’s based on probable cause — the police can search the arrestee and the immediate surroundings for weapons or for evidence the police fear might be destroyed.” These indicate that police officer has rights to conduct the search without the warrant in certain situation, it’s for protected the law and the safety of the community also for protects the suspects themselves. (http://www.gasawaylongandfarmer.com/information/criminal-defense-faq/Can-Police-Conduct-a-Search-Without-a-Warrant_AE12.html) There is case called Michigan V. Fisher. In this case a police
Boundaries should be established as to how far out or each area of the scene that needs be secluded. This will include any paths of entry or exits and areas where evidence has been discarded or located. (Saferstein, R pg 38) All areas of the crime scene should be blocked off using tape, ropes, or traffic cones. If the crime took place indoors a single room can be blocked off depending place crime occurred to the surrounding area around a home. Police barricades and guards can help with securing the scene as well this is a good way to monitor the area to make sure no unwanted people get through and cause loss of evidence.
Handling evidence properly is one of the most crucial points of any investigation. Without even intentionally doing so, mishandling of evidence could mean a case thrown out of court. Some types of mishandling of evidence would be planting of evidence, removing evidence, not following the chain of custody and unlawfully obtaining evidence. Rape cases should involve specially trained individuals, if an untrained investigator was to handle a rape case the way a homicide case was handled even more issues can arise. Reducing Ethical Considerations From arrival at a crime scene the investigator must follow only the facts and remove any emotion from considerations.
If a police officer believes that a felony has been committed, then the officer may continue pursuit into another county or state, as long as it is done safely. As well as soon as the arrest is made the office must take the offender before a judge to confirm the arrest was legal. The
A secondary crime scene is the place in some way, shape, or form, that is related to the offense but is not the place where the actual offense occurred. Secondary scenes are where other pieces of evidence, in connection with the primary scene can be found. List the three methods for crime scene recording. Photography is the first method of recording. Everything must be photographed and objects must not be removed until they have been photographed from all angles.
By making this exclusionary rule, the court has to take the incentive away so police cannot take a person’s constitutional right’s away. Law enforcement cannot just bust down a person door just because police cannot even search a person car without a search warrant. There is a purpose to this rule and that is to make law enforcement enforce their own rules. The main purpose is to deter police or discourage police from doing illegal searched. The purpose also is if law enforcement was to take the evidence it would not be used in the court of law unless issue or that person can be set free of all charges.
The officer has the option of making an arrest or making a report and is all based on his discretion used at the time the situation arises. The other area that a police officer encounters the use of his discretion is when enforcing traffic laws. A police officer uses his discretion at the time of traffic violations by either issuing a citation, giving the person a verbal warning or even making an arrest. An arrest takes place when the police officer’s discretion was completely overwhelmed by an action that seemed completely wrong. At many times, an officer can also choose to ignore an act or violation as if it did not occur at all.
In line with this, the investigative department requests warrants to search for evidence, but they must be approved by the judicial branch. (Lynch, 1998) Most defenses that invoke the exclusionary rule are based on the lack of or improper application of search warrants. Those that support the continued use of the exclusionary rule argue that there must be this line between the police officers that are often emotionally involved in a case, and an impartial third party that can objectively review the evidence. Without this safeguard, citizens would have little protection from overzealous police officers who could search their homes and persons with almost anything serving as probable cause in their opinion. The fact that officers know that illegally obtained (but true) evidence will quite possibly be thrown out, and therefore dangerous criminals will be freed, will encourage them to follow the proper procedures.