Warrants‚ Seizures‚ and Searches Criminal Justice 3100 A very large and debatable part of Criminal Evidence and Procedure that has and can cause many issues is warrants. A warrant is “a written order issued by a judicial officer or other authorized person commanding a law enforcement officer to perform some act incident to the administration of justice” (Warrant 1). The first statement of freedom from unreasonable searches and seizures appeared in The Rights of the Colonists and a List of
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deputized individuals or those acting at the direction/behest of law enforcement. Additionally‚ the Fourth Amendment requires not only an actual expectation of privacy‚ but also‚ a societally recognized‚ reasonable expectation of privacy in the place or area searched. The Fourth Amendment has been interpreted to: require that searches and seizures be reasonable; and prohibit warrants except those issued upon probable cause. However‚ as with any rule‚ there are exceptions. The exceptions to the warrant
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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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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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access to School Lockers? Most legal authorities state that the validity of locker searches is dependent on the students ’ reasonable expectations of privacy‚ which can be affected by school policies designating the lockers as student or school property‚ and student notification that the school will conduct periodic searches for contraband or will retain a master key to the locker for spot checks (Student Searches and the Law‚ 1995). The theory posits that unless school districts have written and
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Criminal Justice 205 29 November 2012 The Fourth Amendment: Does it really protect “Everyone”? The Fourth Amendment is an essential part of the United States Constitution. It grants all United States citizens the right to not have illegal searches and seizures brought against them. With this being said‚ the most recent debate of the Fourth Amendment has occurred in the United States Public School Systems. Many kids and adults feel that students should have the same rights under the Constitution
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Although conducting random locker searches are beneficial in exceptional and deficient ways‚ many citizens will disagree with being able to have locker searches. Conducting locker searches could also help detect illegal substances and weapons‚ used for bullying or even to seriously injure a peer. On the other hand‚ locker searches violates privacy. First and foremost‚ conducting locker searches can discover atrocious students with illegal substances. An abundance of schools have an enormous amount
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forbids is not all searches and seizures‚ but unreasonable searches and seizures” (Stewart). Random searches of students are permitted by the Constitution and need to be allowed. The court case of T.L.O. v. New Jersey proved that searches in the school setting are both permissible and reasonable. The case represents students as a whole and shows that they are not above accountability‚ and school faculty members are in a position to act as the guardians of the students. Random searches of students on
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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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schools have atrocious students and think there is a need for random searches throughout lockers‚ in some claims this is true‚ but‚ random locker searches are not always needed. Many people can agree that random searches throughout lockers are unacceptable. First and foremost‚ random locker searches are most indefinitely a invasion of privacy. Privacy is a right we are all given. People today‚ especially‚ have meager amounts of privacy. In most schools you have to pay for a locker‚ if you pay for the
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