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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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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The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. These
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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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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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heat debates and has gone through many changes and 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
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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 are less intrusive
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IV Amendment The Constitution‚ through the Fourth Amendment‚ protects people from unreasonable searches and seizures by the government. The Fourth Amendment‚ however‚ is not a guarantee against all searches and seizures‚ but only those that are deemed unreasonable under the law. Whether a particular type of search is considered reasonable in the eyes of the law‚ is determined by balancing two important interests. On one side of the scale is the intrusion on an individual’s Fourth Amendment
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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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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 will discuss the scenario of Mary Ellis and her Son William. I will discuss the 4th amendment rights and the exclusionary rule of the evidence
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