If a police officer is arresting someone in public they do not need a warrant because they have witnesses…
Can police stop a person without probable cause? Can police search a person stopped without probable cause?…
Police may search a vehicle incident to a recent occupant's arrest if it is reasonable to believe the vehicle contains evidence of the offense of arrest. Gant, 556 U.S. 332 at 351.…
There are clear rules as to when citizens can and cannot make an arrest. For example, you cannot make an…
Sometimes an arrest has to be made in a protected place such as someone’s home. Under the Fourth Amendment, people have the right to be secure in their homes (Hall, 2014). Therefore they are protected places and a warrant would be required to legally enter and make an arrest unless the officer could justify an exception (Hall, 2014). The Fourth Amendment also specifically states that an arrest warrant must be based on probable cause and supported by oath or affirmation (Hall, 2014). It further stipulates that people to be seized must be specifically addressed in the warrant (Hall, 2014).…
Supreme Court Decision: The search was unreasonable under the 4th and 14th amendments. In arresting officer may search only the area “within the immediate control" of the person arrested, meaning the area from which he might gain possession of a weapon or destructible evidence. Any other search of the surrounding area requires a search warrant.…
“In People v. Hackett, 2012 IL 111781, a unanimous supreme court overturned the appellate and trial court decisions and remanded the case for a trial based on evidence stemming from what the court held to be a justified "investigatory stop" of defendant 's vehicle. Reasonable suspicion, not probable cause, is the proper standard for an investigatory traffic stop, the high court held.”…
False Arrest...Generally speaking, an arrest is defined as any type of situation that you are involved in with an officer where you are not free to leave. If you are under arrest, the next question that should then be asked is what is the reason for the arrest. If the officer does not have a valid reason for arresting you, then you may have a false arrest claim. Take the following example. A police officer sees a young lad standing on the corner, alone, minding his own business. The officer comes up to young man and tells him that he must submit to a search (pat down search). The boy says no and the officer tells him that he must submit. The boy again says no and the officer forces him into the squad car and takes him down to the station. After searching the boy at the station and checking his background, the officer releases him. The young man has a valid false arrest claim. He was arrested without any valid basis whatsoever and brought down into the…
Stop and frisk in NYC is when officers stop and question random people and frisk them as well, in other states it is known as the terry stop because the related case Terry vs. Ohio. This case corresponds with the fourth amendment and how suspicion could cause violation of space and privacy. This amendment gives people their right to secure their belongings like houses, papers and effects. This goes deep because with a warrant police have the right to invade and search and seize.…
Lawful contact goes hand in hand with the definition of “reasonable” because the term is what gives the law enforcement officer the leverage to act upon the person in question. In other words, there has to be a reason why the officer stops the individual in the first place. Now, the problem here is, and it happens in many occasions, that if the officer thinks they have “reasonable suspicion” there is possibility that the officer will go out of his or her own way to find permissible cause to investigate further. For example, if the person makes a wrong turn or any minor traffic violation they could have the green light to proceed.…
Police Officers work for many hours and most of those hours are stopping people on the street to see what they carry. Stop and frisk is “One of the most controversial police procedures is the stop and frisk search. This type of limited search occurs when police confront a suspicious person in an effort to prevent a crime from taking place. The police frisk (pat down) the person for weapons and question the person,” (Farlex, 2008, pg. 1). How stop and frisk became the system used by police officers was…
Many people do not know their rights, most people do not even know the English language, and they are usually intimidated and target by the police when they pull them over. The fourth amendment does prohibit police officers from detaining pedestrians and conducting any kind of…
Gun deaths have been in general decline for 20 years. Between 1993 and 2000 the tally of gun deaths was down by 50%. As of 2012, there are 310 million handguns in America, 114 million handguns, 110 million rifles and 86 million shot guns." (Cooper 14). This means that guns are no where near as big of a problem as democrats make it out to be. Gun deaths are lower than ever and only continue to go down. “Clinton said “Her advisors think guns, including the assault weapons ban, could help Clinton break through to the female voters who are reluctant to trust her.”” (Elliott and Frizell). “Gun owners are rarely pigeonholed against all gun laws. They usually believe in some regulations." (Cooper 13). Gun owners are not stubborn morons like…
An arrest should be done in an appropriate manner. The motivation behind a capture is to bring the arrestee under the steady gaze of a court or generally secure the organization of the law. “A summons must be in the same form as a warrant although it requires the defendant to appear before a magistrate judge at a stated time and place.” (Legal Information Institute, n.d.). A capture serves the capacity of informing the group that an individual has been blamed for a wrongdoing and furthermore may reprimand and prevent the captured individual from carrying out different violations. Captures can be made on both criminal allegations and common charges, albeit common capture is an uncommon measure that is not looked upon with support by the courts.…
So, in any case where Search and Seizure is acceptable, is there a way to compensate for the damages done during a search and seizure. One type of damage one can be compensated for is called compensatory damages. This is the typical type of damage that is thought of during a search a seizure. For example, while officers are searching your apartment, and a sofa was ripped in the process, then the person can receive full compensation for the value of the item that is damaged. Another damage that can be compensated for is pain or income loss. This could be if someone was incarcerated while the trial was still pending, and they happened to loose their job in the process, then the government will compensate for the value of the income lost.…