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.
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.
axia college | Plain View/Open Fields | Week 6 Assignment ADJ 275 | | | 6/26/2011 | | Plain View /Open Fields Case Study The Plain View Doctrine is applied when a police officer comes upon a contraband which is in “plain view”, meaning not concealed and able to be viewed by anyone in the vicinity without having to open containers, or move objects, and in any area where the presence of the police officer is legal. Under these circumstances, the officer can legally seize the contraband immediately with no need for a warrant and arrest its owner for illegally possessing the contraband. There is one condition which needs to be ascertained: before seizing the object, the police officer has to establish probable cause that
Given that strict liability makes AMC absolutely liable, regardless of negligence, for all loss or damage to goods in their possession. The only exception is if it is caused by an act of God, an act of a public enemy, an order of a public authority, or the nature of the goods which it wasn’t. Also, the sign that AMC will not be responsible for loss of property in the locker room will in not exculpate AMC. Bob has to prove that there was an assumption that the law makes against AMC. He can prove this by proving that he had placed his wallet and watch in the locker room and when he returned the items were missing.
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.
In NYS, the use of technology to obtain information that may be protected by the attorney-client privilege, would violate the letter and spirit of these Disciplinary Rules. 2. Must the recipient notify sender if metadata is found? “An attorney who receives a communication and is privy to its contents must take reasonable steps to prevent any further disclosure” (www.americanbar.com) NO The Committee held that "in light of the strong public policy in favor of preserving confidentiality as the foundation of the lawyer-client relationship, use of technology to surreptitiously obtain information that may
The meaning of open-field is a rule of law that an individual may not legitimately demand privacy, and consequently the guarantee and protection from searches and seizures without a warrant or probable case for activities conducted out of doors in fields, except in the area immediately surrounding the home only the curtilage (q.v.) is included with the Fourth Amendment purposes. No expectation of privacy legitimately attaches to open-fields. (The Law Dictionary, pp 240). What are the four factors used in determining
Due process promises people the right to a speedy trial. The equal opportunity clause promises that the law will not discriminate against any person because of his or her differences. This amendment protects people against state and federal laws. Due Process and Crime Control Models Due Process The Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, requires due process, which is a requirement that the justice system officials respect the rights of those who have been accused of a crime. The three requirements for police officers are: 1) search and seizure, 2) arrests, and 3) interrogation (Criminal Justice Today, p. 127-128).
There are no rights in the Constitution that protect us from incriminating ourselves by giving voluntary statements prior to the beginning of a custodial interrogation. However, before the police begin their accusatory interrogation, or questioning John about the crime, they must Mirandize the accused to inform him of his rights.
The Supreme Court created the exclusionary rule to prevent police misconduct. When a police officer is in violation of an individual’s fourth amendment right which is the right to be free from illegal search and seizure, the evidence found during that illegal act is kept out of federal court. This would have been helpful during the OJ Simpson trial. The exclusionary rule not only has three elements to it but it has a purpose for it too. With this are the three elements which are as follows.