Police Powers Stop and question It’s one of the basic powers that police have. They can stop you at any time and ask you what you are doing here and why you are in this area or where you are going to. However you don’t have to answer any of those questions. Stop and search This is one of the most important powers of the police force and those include stopping persons and vehicles if they have reasonable grounds to suspect that you are carrying for example illegal drugs, a weapon or something that could be used in committing a crime. You can also be searched without ‘reasonable grounds’ if it has been approved by a senior officer and this can happen if you’re suspected of being in a specific location or area and if you’re carrying a weapon or have used one.
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.
“A formal justice system is one in which laws are set and enforced and punishments are administered by state institutions such as courts, police, judges and prisons” (Ask.) A justice system can possibly encourage deviance and crime because there are some people who do not like to follow the law. An example of this behavior can simply be driving under the influence of alcohol. In our society everyone knows that it is against the law to operate a motor vehicle in this condition but yet there are so many people still doing it. Crime will always be committed as police are not always looking over people’s shoulders to ensure people will not break the law.
1. Stop and Frisk on the Streets: Police officers have the authority to make a stop and searches of individuals in the streets. In the Terry v. Ohio (1968) the Court upheld the stop and frisk procedure when a police officer believed the person might be suspicious. The Court requires specific facts to exist in each situation in order for a stop and frisk to be permissible. A police officer is entitled for the protection of themselves and others in area to conduct a careful limited search of outer clothing.
(18) The powers of the police to stop and search a person on the street are stated under S1 of the Police and Criminal Evidence Act 1984 which states that an officer can stop and search someone and their vehicle in a public place if they have reasonable grounds for suspecting that they are carrying a prohibited article such as a knife or drugs. A public place has a wide definition as it can be a street or a car park. Reasonable suspicion has been defined by Code of Practice A which states that the police officer has to have facts, information and intelligence. It also states that reasonable suspicion isn't based on personal factors such as hair colour, a person's age or race. In the case of Samuels (1999), courts held that Samuels' conduct of walking slowly, looking into houses and looking at the officers, was not grounds for 'reasonable suspicion'.
A search of a defendant’s car produced drugs in a paper bag, and a leather pouch of cash. The paper bag was deemed admissible in court while the leather pouch was thrown out. There was a “greater expectation of privacy” with the pouch. U.S. v Ross (1982) Search incident to lawful arrest is when a person is arrested the police may search the person and any area within that person’s reach. There is no warrant required for this but the officer must have probable cause for the arrest.
University of Phoenix Material: Robin Mravik Ethical Dilemma Worksheet Incident Review 1. What is the ethical issue or problem? Identify the issue succinctly. | The law enforcement officials did suspect that the individual was driving under the influence and thus becoming a risk to himself and everyone else around him. Before the law enforcement officer can make an arrest there has to be a clear sign of probable cause if an officer neglects to find probable cause before arresting the individual when the trial comes along, the case will be dismissed in court and the offender will walk away free.
You can seize anything illegal in plain view if you are legally allowed to be in that house.____________________________________________________________ 5. Plain view also applies to vehicles. This is what gets most people because they are not paying attention when they get pulled over. They leave stuff lying around in their car while the officer is talking to them. If the officer see’s anything illegal in the car he now has probable cause to search your
The Do’s and Don’ts on Warrants Renee Grant CJE 2673 Professor Callahan June 18, 2013 The Do’s and Don’ts on Warrants The usage of search warrants will prevent evidence that has been collected to be used in a court of law to help convict the suspect that is suspected of committing a crime. Not all searches require a search warrant though. There is always an exception to the rules. If an officer has probable cause, a warrant is not always needed. As well as, if an officer asks a person if s/he can search their car, and the individual agrees, there is no need for a warrant.
Unit 17 P1 Unit 17 P1 Warrantless Arrests Generally, an officer may make an arrest in a public place without a warrant if probable cause exists. Probable cause in this scenario does not require the approval of a judge or magistrate, rather it may be derived from reliable tips, a routine vehicle stop, a "stop and frisk" or any additional evidence that an officer observes. Also, an officer may enter private property to make an arrest, but only if "exigent" or emergency circumstances exist, such as the safety of others or even the suspect himself. Warranted arrests To obtain a warrant, probable cause would have to be presented to a judge there would be evidence and/or testimony to support the warrant. An arrest without a warrant would be one that someone, usually an officer, caught someone in the act of committing the crime.