social status does not decrease their value as humans. Officers must keep law and order in communities‚ but citizens have the right to not be unduly mishandled or injured by officers. The U.S. Constitution protects Americans from illegal search and seizure. Facts and observations have been provided about police conduct and their role in society. It promotes the argument that
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A Different Perspective on the Law The United States has had an effective law enforcement system for hundreds of years‚ which has revolutionized itself starting with the implication of the Constitution to the lawless west and effectively to where it is today. The American criminal justice system has many branches and occupations‚ all of which focus on a common goal of keeping our nation as safe as possible. In the following paragraphs‚ I will discuss an interview with a San Diego Police Officer
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of illegal drugs discovered in the search? (United States v. Aukai 2007) According to United States v. Aukai a airline passenger can not object to a secondary search because it is not going against there constitutional right of illegal search and seizure if conducted the right way because they are conducted as part of a general regulatory scheme in furtherance of an administrative purpose to prevent the carrying of weapons or explosives aboard aircraft‚ and to prevent hijackings. as well as passengers
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readings the plain view doctrine states “that items that are within the sight of an officer who is legally in a place from which the view is made may properly be seized without a warrant—as long as such items are immediately recognizable as subject to seizure”. There are some requirements of the plain view doctrine. One requirement is the awareness of the items solely through the officer’s sight. Another requirement is that the officer must be legally in the place of where the item is seen. There are a
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governmental searches and seizures‚ but not those done by private citizens or organizations who are not acting on behalf of a government. An important test case of the Fourth Amendment was Katz v. United States (Document A). This case showed that if a person seeks to keep as private‚ even in an area accessible to the public‚ may be constitutionally protected. But‚ in the case of DLK v. United States of America‚ did the government go too far in using its power of search and seizure? There are three main
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provides that "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 be searched‚ and the persons or things to be seized” (Buren). Searches and seizures of someone’s home without a warrant are presumptively unreasonable. However‚ there are some exceptions. A warrantless search may
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Scott R. Harvey Reasonable Suspicion Versus Burden of Proof in Current Policing Criminal Investigation 12S-CRJU-C312-A51 Dennis Thornton 14 January 2012 Abstract This paper will show how current “Stop and Frisk” (Terry Stop‚ SQF) methods exercised presently diverge greatly from the initial precedent allowed in Terry v. Ohio (1968) due to the inability to concretely define reasonable suspicion as well as the broad applications of reasonable suspicion since 1968. The most notable current
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CRIMINAL PROCEDURE OUTLINE INTRODUCTION I. Meaning of “criminal procedure”: refer to the methods by which the criminal justice system functions including a. Arresting of suspects b. Searching of premises and persons c. The use of electronic surveillance and secret agents d. The interrogation of suspects e. The exclusionary rule II. Not all procedure is constitutionally regulated: Both states and federal legislatures are free to enact statutes and rules setting forth procedures for
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Warrants 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 be searched‚ and the persons or things to be seized. (1) These words of the Fourth Amendment give the people protection against unnecessary harassment by local‚ state and federal law enforcements. Authorities have
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January 05‚ 2017 Arrest Warrant / Search Warrant An arrest warrant is warrant that is issued by a judge on the states behalf‚ which gives authorization to arrest and put into detention an individual or the seizure and search of an individuals property. a search warrant is a legal document that gives authorization to a police officer or other official to enter and search a premises. There are three essentail components of an arrest warrant that supports the
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