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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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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Modern Technological Advances and their use in Criminal Investigations Angela Chase‚ Juan Matos and Terrence Priester University of Phoenix Modern Technological Advances and their use in Criminal Investigations From the inception of the United States criminal justice system‚ extreme advancements have been made in the field of law enforcement. Particularly in today’s society‚ modern technological advances such as DNA profiling‚ fingerprinting‚ cameras‚ and wiretappinghave
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location of the search. Under the plain smell doctrine‚ an officer can use his sense of smell as probable cause to search if there is an articulable belief that the origination of the odor is an illegal substance‚ or if it indicates an exigent circumstance. Plain smell is a principle under the plain view rule‚ which basically states that evidence in plain view of an officer is not protected by the Fourth Amendment‚ as “seeing” the evidence in that capacity does not constitute a “search”. For the plain
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Criminal Procedure Policy “The Constitution of the United States was ordained; it is true‚ by descendants of Englishmen‚ who inherited the traditions of English law and history; but it was made for an undefined and expanding future‚ and for a people gathered and to be gathered from many nations and of many tongues” (Zalman‚ 2008 PG 1). —Justice Stanley Matthews “Criminal procedure deals with the set rules governing the series of proceedings through which‚ the government enforces substantive criminal
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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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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
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privacy along with search and seizure restrictions that apply in public schools‚ but‚ the Courts give school officials and police more flexibility to conduct searches in school. In this case and law review you will learn about two different cases where Courts balance a student’s privacy rights against the school’s interest in safety and student discipline. This means that students often have less protection against what they might perceive as unreasonable searches and seizures at school‚ than in
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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 because they felt the actions taken against them were unjust. However‚ since these cases are dated so far back in history it is hard to understand
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Criminal Justice Term Paper Throughout the Criminal Justice System there are many causes where people discuss the matters of arrests and probable cause. In the case of Garcia vs. Merced County probable cause and search warrants were discussed. The case centers around a criminal defense attorney who was accused of being willing of smuggling contraband to county inmates. John Garcia was accused of the crime by Officers Cardwood and Taylor based on information given to them by an inmate informant named
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