Warrantless Search & Seizure Criminal Procedure/CJA364 July 11‚ 2013 Russell Galbreath‚ MPA Warrantless Search & Seizure Introduction Navigating the Fourth Amendment and the law of warrantless searches and seizures largely involves case law rather than statutes‚ and today’s principles are the results of more than 200 years of judicial evolution. The constitution has been the back bone of the United States legal system since it was first written and signed by our founding fathers. This document
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in 1949. 1. On August 12‚ 1949‚ in Geneva 2. Reasonable Suspicion. Suspect that criminal activity has been‚ is being‚ or is about to be committed. 3. Authorization to Search. An express permission‚ written or oral‚ issued by competent military authority to search a person or an area for specified property. 4. Exigent
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Search & Seizure in the Public Schools To fully understand the role and related responsibilities of search and seizure in the public schools‚ the Constitutional rights of the students and case law must be examined. The Fourth Amendment of the Constitution states: The right of the people to be secure in their persons‚ 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
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COURT FOR CHESAPEAKE COUNTY‚ MD APPLICATION AND AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT I‚ Det.‚ of the Metropolis Police Department‚ the Affiant‚ being duly sworn‚ request the issuance of a Search and Seizure Warrant and states as follows: 1. APPLICATION AND VIOLATIONS OF LAW: The Affiant hereby makes application to_____________Judge ________________ a judge of the Circuit/District Court for Chesapeake County‚ MD for a Search and Seizure Warrant on the grounds that there is probable cause‚ the basis
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The Fourth Amendment addresses the right of the person to be secure in their person‚ house‚ papers‚ and effects‚ against unreasonable searches and seizures‚ and warrants as they relate to probable cause (2012). Specifically‚ the procedural rights of the fourth amendment require law enforcement to follow guidelines regarding the search and seizure of persons and property and address the steps for illegally obtained evidence. Searches‚ defined as the exploration or inspections of homes‚ offices
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Search and Seizure Tatiana Santos The Criminal Justice System CCJ 3024 Abstract The purpose of this assignment is to look in further to the rules and regulations‚ or rather; laws that police officials must abide by when executing their duties. These rules and regulations include search and arrest warrant in addition to protocol that the Courts oversee for public search and arrest. There are certain requirements that must be met by an officer in order to obtain a warrant. Such must be
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consolidated. “Search and seizure” refers to the methods used by law enforcement to investigate crimes‚ track down evidence‚ question witnesses‚ and arrest suspects. It also refers to the legal rules governing these methods. Every citizen has the right to be free from unreasonable government intrusion into his or her person‚ home‚ business‚ and property. Lawmakers and the courts have put in place legal safeguards to ensure that law enforcement officers conduct searches and seizures only under certain
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issued warrants to have the pamphleteer’s homes ransacked and stripped of all their books and papers. Even back then the pamphleteers knew that their rights were violated and fought back. They stated that the searches were against them‚ similar to a “personal attack” rather than an attack on their information they held within their homes. This is an extremely early case dealing with search and seizure‚ if not one of the first cases‚ in which the individuals being searched stood up for themselves
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ARREST‚ SEARCH‚ AND SEIZURE (FOURTH AMENDMENT) A. PROTECTED FOURTH AMENDMENT INTERESTS The right of the people to be secure in their persons‚ houses‚ papers‚ and effects against unreasonable searches without a warrant Protects people‚ not places Protects tangible and intangible objects To determine if there is a search‚ look to if there is a reasonable expectation of privacy (Katz test) BASIC RULE: No searches without a warrant BUT the first question for analysis is “what is a search?” If it
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8.1 Search and Seizure Does the police officer’s use of the GPS without first obtaining a search warrant constitute an unreasonable search in violation of the Fourth Amendment? No‚ the use of the GPS without first obtaining a search warrant do not constitute an unreasonable search in violation of the Fourth Amendment because the Fourth Amendment permits police officers to conduct a warrantless search. The warrantless search allowed the police officers to attached a global positioning system GPS
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