Presented Is the warrantless search of Joe Green‚ who was arrested for larceny and drug possession after being detained by police on the lookout for someone who stole a backpack and matching the description of someone wearing a light red shirt‚ black pants and white sneakers‚ legal? Short Answer Yes. Mr. Green fit the description of a current suspect for whom a lookout was announced. He was noticed by the police and then detained. He was frisked by the arresting officer. Searches are deemed reasonable
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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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of valid warrantless arrests. The constitutional protection of the person against arbitrary arrests is guaranteed by the general rule that the police should first secure an arrest warrant. However‚ there can be cases of valid arrests without a warrant of arrest. To be valid‚ the minimal requirement is “probable cause.” There must be a reasonable ground of suspicion‚ supported by circumstances to believe that the person to be arrested is guilty. Legal Awareness: Valid Warrantless Arrest No
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Wonjung Hwang Mr. Chonko English 10 Period 3 19 November 2012 Locker Searches We’ve all seen enough crime shows to know what to do if the police knock on your door and demand to search your property: stand‚ look indignant and demand to see their warrant. After all‚ it’s your property‚ and unless you give permission or a judge orders the search‚ you should have control over what you have‚ right? Yes—provided you’re not a student. If you’re in a school environment‚ teachers and administrators
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Lakeitha Walker CCJS 234 7380 Criminal Procedure and Evidence (2148) 02 November 2014 Warrantless Search and Seizure Memoranda To: Judge Kratovil From: Lakeitha Walker RE: Elliot Watson Case – Marijuana Possession with Intent to Distribute Prosecution Date: 2 November 2014 Brief Summary: Elliott Watson was arrested for the possession of marijuana with the intent to distribute said illegal drug. Elliott Watson was stopped by Officer Timothy Johnson because of faulty mechanical problems
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privacy for a citizen occurs when a warrantless search or seizure takes place‚ it also denies security of the citizen. Warrantless searches and seizures are mostly not justified by the law. The safety of a citizen is affected from unfair and unwanted arrest. With a probable cause and a warrant in place‚ the search or seizure may take place and be appropriate; without a probable cause and warrant‚ the search or seizure is not reasonable. Unreasonable‚ warrantless searches and seizures should not take place
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Dave Gorman November 20‚ 2008 Writing About World Affairs Word Count: 708 Warrantless Wiretapping Since the September 11‚ 2001 attacks on the United States‚ many of the counterterrorism measures taken by President George W. Bush and his administration have been questioned concerning their legality‚ morality and practicality. Chief among the issues being debated is that of warrantless wiretapping and data mining inside of the United States. This unprecedented use of executive power
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Personal Searches‚ Good or Bad? Would you rather have privacy‚ or be safe? It is a tough decision‚ but it is better to be safe than sorry. In schools‚ the crime rate has gone up‚ and more people are getting hurt‚ even if not by guns. However‚ there are several ways to cut down on these crimes during school‚ and other school activities. Some schools have already recognized this‚ and are currently using it. Schools should start having personal searches as well as regular locker searches to
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When the police use searches or surveillance techniques that raises Fourth Amendment concerns and initial question that must be answered is: Did the person claiming the protection of the Fourth Amendment have a reasonable expectation of privacy that was invaded by the police actions? Consider the following examples and explain whether you think the person has a reasonable expectation of privacy. A person who is a short-term guest at a friend’s home objects to a warrantless entry by the police into
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Locker Searches “We must all hang together‚ or assuredly we shall all hang separately.”(Hang Together) those words were spoken by Benjamin Franklin while signing the Declaration of Independence. However‚ is our country “hanging separately” because of schools? If we must hang together‚ why do teachers not trust us enough that they have to search our locker for illegal drugs or weapons? Even though some people argue that locker searches can prevent illegal substances and weapons from entering the
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