Court Procedure Evidence HYPERLINK http//blackboard.cpcc.edu/webapps/assignment/uploadAssignmentcontent_id_3497615_1course_id_721508_1assign_group_idmodeview Assignment 4.1 1. Explain the three components of a valid warrant.
1. Neutral and detached magistrate must issue it 2. showing of probable
cause is required 3.it must conform to the particularity requirement 2. How does the showing of probable cause differ for an arrest warrant versus a search warrant
Arrest warrant With an arrest warrant all the officer needs to show for
probable cause is that the suspect may have committed the crime in question.
Search Warrant the warrant has to show the items to be seized are
connected with criminal activity and that the items to be seized are in the
location to be searched.
3. How does particularity differ for an arrest warrant versus a search warrant
The particularity requirement differs for the two supplying a suspects name or
description of the suspect is enough to satisfy this requirement of an arrest
warrant. A search warrant is two-fold and must specify places to be
and specify items to be seized. This requirements stem from the framers
concern with general warrants that permitted limitless searches. 4. Distinguish between a stop and an arrest.
Stops only require reasonable suspicion where arrests require
probable cause. 5. Distinguish between a stop and a nonstop.
A stop requires reasonable suspicion and a person would not believe that he
or she is free to leave. A nonstop occurs when a reasonable person would
believe that her or she was free to leave. 6. When is an arrest warrant required
1) arrests in the home 2) arrests in third-party homes 7. Summarize the Supreme Courts view on arrests for minor offenses. The reason for arrest for misdemeanors without a warrant at common law was to promptly suppress breaches of the peace 8. What reasons have been offered for the so-called announcement...
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