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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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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concerned with 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
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right to 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
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COURT FOR CHESAPEAKE COUNTY‚ MD APPLICATION AND AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT I‚ Det.‚ of the Metropolis Police Department‚ the Affiant‚ being duly sworn‚ request the issuance of a Search and Seizure Warrant and states as follows: 1. APPLICATION AND VIOLATIONS OF LAW: The Affiant hereby makes application to_____________Judge ________________ a judge of the Circuit/District Court for Chesapeake County‚ MD for a Search and Seizure Warrant on the grounds that there is probable cause‚ the basis
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Basic search and seizure warrant requirements A search occurs when an expectation of privacy that society considers reasonable is infringed by a governmental employee or by an agent of the government. Private individuals who are not acting in either capacity are exempt from the Fourth Amendment prohibitions. A seizure refers to the interference with an individual ’s possessory interest in property. To meet the definition of an unreasonable seizure‚ the property ’s owner must have had a reasonable
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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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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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Did the police conduct a lawful search and seizure under the guidelines described in the text. Explain why or why not. o Was the suspect’s Fourth Amendment rights violated? • Was it reasonable? • Was there probable cause? o What evidence in the case study led you to this conclusion? o What about the arrest was conducted in a proper manner? In an improper manner? o When did
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MEMORANDUM ON DEFENDANT’S MOTION TO SUPPRESS STATEMENT OF FACTS Owyhee County is located in the south west corner of Idaho. The Owyhee Mountains fill the west portion of Owyhee County. Mud Flat Field and Marmaduke Spring are located in the Owyhee Mountains‚ in the west central portion of Owyhee County‚ south of South Mountain and north of Juniper Mountain. The Mud Flat Field is approximately two miles long from North to South. The south end of the Mud Flat Field borders the Mud Flat road.
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