Thomas Robertson Sunday August 19‚ 2012 Human Rights Search and Seizure First let me start off by saying that‚ after reading the account of what happened to Trixee‚ in my opinion Trixee has a VALID argument that both Officer Fletcher and manager violated her fourth amendment rights against “search and seizure” as well as her constitutional rights. I will now explain my opinion by clarifying the Issues of fourth amendment violation by ShowTime and Officer Fletcher‚ the rules (laws) that were
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Search and Seizure I believe that search and seizure is very important for our country and our rights. Search and Seizure helps to protect our fourth amendment right‚ which is the right to privacy. The Search and seizure says that law enforcement cannot search or put anyone under arrest unless they have evidence to support that action (Murray). I believe that search and seizure is important to protecting our privacy rights. If police so not have any evidence against you‚ that they can’t search you
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interpretations throughout the years. The forth amendment of the constitution is one of the most debated amendments. This is the amendment that covers the area of search and seizure as well as privacy. The fourth amendment states‚ "The right of the people to be secure in their persons‚ houses‚ 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‚ and particularly describing the place to
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Search and seizure in a school setting has always been regarded as a very sensitive topic. Some of the questions that arise are what is deemed to be reasonable grounds to search? What particular rights are there to search? When focusing on the Charter of Rights and Freedoms‚ Section 8 guarantees the right to be secure against unreasonable search or seizure. (Mckay and Sutherland 2006) I will be focusing on two cases that went to court and what can be concluded based on these cases is that there
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ABSTRACT In this paper I will discuss a homicide scenario that involves a widow Mary Ellis and her son William Ellis and neighbor Clyde Williams. I will discuss how the 4th Amendment relates to the story and several court cases. This paper will also include what is needed for police to obtain a warrant and what circumstances will allow law enforcement to enter a residential home. I also plan to discuss what the meaning of the exclusionary rule and fruit of the poisonous tree doctrine. This paper
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Associates Capstone in Criminal Justice CJ299-01 Professor: Jennifer Wills October 3‚ 2011 The search of the crime scene is the most important phase of any investigation. Decisions of the courts restricting admissibility of testimonial evidence have significantly increased the value of physical evidence in homicide investigations. Therefore‚ law enforcement personnel involved in the crime scene search must arrange for the proper and effective collection of evidence at the scene.The arguments the
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them. He identified himself as a police officer and asked for their names. He was not satisfied with their answers‚ so he subjected one of the men to a search. He patted down the man’s clothing in which he felt a gun and one was removed from the man’s clothing for which he had no permit. The defendants ended up arguing that the search violated their Fourth Amendment rights because it was not supported by probable cause. The court sided with the Officer saying that stops and frisks
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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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Chapter 3 is titled "Basic Underlying Concepts: Privacy‚ Probable Cause‚ and Reasonableness." Privacy refers to an American citizen’s expectation of privacy. Probable cause is usually needed by law enforcement officers before they can arrest an individual as well as search with or without a warrant. Reasonableness refers to the standard of searches and seizures to be valid under the Fourth Amendment. Katz v. United States (1967) is the case that demonstrated a change in the interpretation of
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Search and Seizure‚ Arrest and Interrogation Search and Seizure The Fourth Amendment protects the right of people to be secure in their persons‚ houses‚ appears‚ 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‚ and particularly describing the place to be searched‚ and the persons or things to be seized. The Fourth amendment is a critical aspect to policing due to the fact that
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