CJA353 Criminal Procedure (BSAO0TOKUS)
November 21, 2010
This paper will discuss and analyze the requirements for search and arrest warrants based with regard to probable cause. I will post a recent news regarding probable cause and will discuss exceptions to warrant requirements.
Probable Cause - Criminal Procedure
In order for an officer to search a person they must have some sort of reason for doing so. This reason is also known as probable cause. The officer must have some sort of feeling that the individual that they want to search may be carrying something that could cause harm to that person or to the officer doing the search. It could be that the officer is looking for drugs in a high drug trafficking area, or they may be looking for someone that has committed a crime within the area, and if they see someone that fits the description of that suspect then the officer has every right to search that person. Criminal Procedure
According to the Supreme Court, fundamental rights in criminal procedure include freedom from unreasonable searches and seizures, freedom from cruel and unusual punishment, assistance of counsel, protection against self-incrimination, confrontation of opposing witnesses, a speedy trial, compulsory process for obtaining witnesses, a jury trial for prosecutions for cases in which the defendant could be incarcerated, and protection against double jeopardy. The only protections not specifically required of states are the Eighth Amendment prohibition against excessive bail and the Fifth Amendment requirement that infamous crimes be prosecuted by grand jury. An Exception to Warrant Requirements
One of the exceptions that are well known when it comes to having to have a warrant is called the “good faith” exception. In other words, if an officer has every reason to believe that a search must be concluded before a warrant can be...