protection from unreasonable searches and seizures. It is the duty of law enforcement officers to conduct legal searches and seizures. An illegal search or seizure violates a person’s rights and may lead to adverse consequences for the officer who engaged in the illegality. This paper covers a simulated case of Minnesota vs. Ronald Riff. The prosecution witness sheets are used to gathering information for Officer Shield to obtain a warrant to search the home of Ronald Riff‚ a suspect in the burglary
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I. ARREST‚ SEARCH‚ AND SEIZURE (FOURTH AMENDMENT) A. PROTECTED FOURTH AMENDMENT INTERESTS The right of the people to be secure in their persons‚ houses‚ papers‚ and effects against unreasonable searches without a warrant Protects people‚ not places Protects tangible and intangible objects To determine if there is a search‚ look to if there is a reasonable expectation of privacy (Katz test) BASIC RULE: No searches without a warrant BUT the first question for analysis is “what is a search?”
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Warrant to Search and Arrest Someone Under most circumstances‚ a police officer must obtain a warrant to search an offender’s private residence or car. There are some exceptions to this which include: Exigent (emergency) circumstances Stop and frisk Searches incident to lawful arrest Automobile searches Consent searches Searches based on plain view Crimes committed in an officer’s presence One of the exigent circumstances is that if the police are in a “hot-pursuit” of an offender(s).
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in 1949. 1. On August 12‚ 1949‚ in Geneva 2. Reasonable Suspicion. Suspect that criminal activity has been‚ is being‚ or is about to be committed. 3. Authorization to Search. An express permission‚ written or oral‚ issued by competent military authority to search a person or an area for specified property. 4. Exigent
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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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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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consolidated. “Search and seizure” refers to the methods used by law enforcement to investigate crimes‚ track down evidence‚ question witnesses‚ and arrest suspects. It also refers to the legal rules governing these methods. Every citizen has the right to be free from unreasonable government intrusion into his or her person‚ home‚ business‚ and property. Lawmakers and the courts have put in place legal safeguards to ensure that law enforcement officers conduct searches and seizures only under certain
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Search and Seizure The Legal and Ethical Issues Involved with Search and Seizure in Our Classrooms. Learning Team C Brandon Kennard‚ Christine McGee‚ Joshua Anderson‚ Tammy Romo EDL/535 October 13‚ 2014 Dr. Rahim Jones Agenda • • • • • • • • • • • 8:00 am- Welcome 8:30- Define search and seizure 9:00- Types of searches 9:15- School’s Rights 9:30- Student’s Rights 9:45- BREAK 10:00- 4th and 5th Amendments 10:15- Court cases and scenarios 11:00- Searches at the District and State level 11:30- Officer
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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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The Fourth Amendment addresses the right of the person to be secure in their person‚ house‚ papers‚ and effects‚ against unreasonable searches and seizures‚ and warrants as they relate to probable cause (2012). Specifically‚ the procedural rights of the fourth amendment require law enforcement to follow guidelines regarding the search and seizure of persons and property and address the steps for illegally obtained evidence. Searches‚ defined as the exploration or inspections of homes‚ offices
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