may be a danger to the community. The Fourth Amendment protects individuals against unreasonable searches. The amendment also states that no warrant shall be issued without a probable cause. The objective basis of the law is to conduct searches when there is enough evidence to back up the accusation or claim that is being made. Modern jurisprudence has given officers the incentive to conduct searches without a warrant. All an officer needs to conduct a search is reasonable suspicion that an individual
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residence without having a warrant in the time of emergency‚ this does not violate the Fourth Amendment but in these cases the officer who have searched without warrant must provide a clear and compelling consent which made him to do like that. The searches which made near border or at border does not require a search
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well known. This amendment states that‚ people have the right to be secure in their persons‚ houses‚ papers and effects‚ against any unreasonable search and seizures. Their right shall not be violated‚ and warrants are issued when there is a probable cause. This amendment gives people the right to be free from any unreasonable search and seizures. When it comes to a warrant there is specific requirements that guide the warrant process. The warrant has to be issued by a judged‚ and supported by a probable
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1. Can you (or Mr. Yourprop’s supervisor) search Yourprop’s personal vehicle currently parked in the Company parking lot for digital evidence? Support your answer. a. Pursuant to the 4th Amendment to the U.S. Constitution‚ Mr. Yourprop and all other employees have a reasonable expectation of privacy which would prevent me and his supervisor from freely searching his vehicle. The easiest and most efficient way that would prevent questions of immiscibility in court and protect the company from legal
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situation more often. Minorities are having they higher percentage of stop and frisk than any other person. The police are violating the fourth amendment which states that any individual should have the right of protection from unreasonable search and seizure. The purpose of this program is to reduce crime and the use of weapon but if they are only searching one type of group that is not going to work. This program is becoming an excuse for police to take advantage of some innocent people. In the article
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Laurissa Grinston Analysis & Application Criminal Procedure Nancy Manning Unit 2 Paper January 2011 1. Did Officer Smith have reasonable suspicion to make the initial stop of this vehicle? Reasonable suspicion is based on the understanding of circumstances of a person experienced in the field of criminal law. Another way of putting it is a criminal justice professional acting on more than a hunch but less than probable cause [ (quiz law) ]. Based on the definition of reasonable
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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. Courts have held that when police arrest a person on a traffic violation it is not reasonable to believe that evidence of the violation is in the vehicle. In United States v. Majette‚ the court held that it was unreasonable for the officer to believe he would find evidence of the arrestee’s suspended license in the
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Criminal Procedures Assignment Unit 2 | Alan Borkowski‚ Criminal Procedures CJ227‚ September 12‚ 2012 | Alan Borkowski9/12/2012 | I believe that officer Smith did have every reason to pull over the car in question because there was not only the appearance of a broken tail light that had been taped up but also the car resembled a vehicle that had been used in the commission of another crime‚ that being the road side killing of another officer. Officer Smith’s observation that the vehicle
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Curtilage is the immediate area surrounding persons home (Hall‚ 2014). This area is considered part of the home and is afforded the protections of the Fourth Amendment (Hall‚ 2014). Open fields is a doctrine that states certain areas around ones home are not considered curtilage‚ and therefore these areas are not afforded the same protections under the Fourth Amendment (Hall‚ 2014). The U.S. Supreme Court has stated the areas considered to be open fields are areas law enforcement can encroach
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In contrast the distinguish between stop from as arrest is difficult to determine. However‚ it is imperative because of the different procedure that must goes into effect before a Terry stop occurs. For instance‚ a stop procedure must be determine by a reasonable suspicion and probable cause. According to the case of Flordia b. Royer‚ 460 U.S. 491 (1983) give an distinguish of a Terry stop and arrest. In this case it share some information about a man that is know as a drug dealer stop by and officer
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