the exclusionary rule which is designed to exclude evidence obtained in violation of a criminal defendants Fourth Amendment. It is a court made rule passed by the U.S. Supreme Court. It provides that all evidence obtained by illegal searches and seizures is admissible in criminal trails. “Fruit of the Poisonous Tree” or indirect evidence means the exclusionary rules has been extended. Example: If a police officer conducted an unconstitutional l(4th Amendment) search of a home and obtained a key to
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Terry v. Ohio Case Project | | | | | Victoria Swannegan | 12/2/2010 | | In 1968 a case called Terry v. Ohio took place. This case made a big impact on the police departments of the United States by giving officers more reasons to make an arrest. A "Terry Stop" is a stop of a person by law enforcement officers based upon reasonable suspicion that a person may have been engaged in criminal activity‚ whereas an arrest requires probable cause that a suspect committed a criminal
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property can be found‚ Makestuff Company may seek to pursue criminal prosecution. Can Mr. Yourprop’s supervisor direct local police investigators to search his personal vehicle which is parked on the Company parking lot? When it comes to search and seizure of personal property‚ law enforcement is required to abide by the U.S. Constitution‚ in particular the Fourth Amendment. The Fourth
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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 not take place because it violates
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Emily-What is probable cause to you? Cassie-What constitutes probable cause? Emily-What is needed for police to obtain a warrant to search a home? Cassie-Can police search a safe in your home? Emily-Can you sue the police for illegal search and seizure? Cassie-Can the police give you a ticket on private property? Emily-Can a police officer enter your home without your permission? Cassie-How long does it take for the police to get a warrant? Emily-How long does it take for a warrant to go away
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Seizures http://www.childrenshospital.org/conditions-and-treatments/conditions/seizures/research-and-clinical-trials How seizures are defined: Seizures are a action of capturing someone or something using force. How it affects me: Seizures affect me is by i have to get tests every time i have one. If i have one i also have to talk to a doctor about what i felt‚ what i remember‚ and what i was doing before it happened. It also affects me by when i have one i can’t walk for a hour and i’m very dizzy
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officer has: a valid arrest warrant‚ a valid arrest warrant‚ or a belief that level of "probable cause" committed by the individual. When police officers violate the constitutional rights of an individual under the Fourth Amendment and search or seizure is illegal‚ any evidence derived from such investigation or detention will certainly remain outside of any criminal case against the person whose rights have been violated. For example‚ the arrest was found to violate the Fourth Amendment because
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Cell phone tracking is a great tool when it is involved in an emergency situation‚ like abductions‚ suicide calls‚ and murders. Police officers now have the technology to track someones location by using a device‚ commonly called a stingray‚ which acts like a cellphone tower and tricks cellphones into connecting with the device. Since the police now have that device‚ they can prevent emergencies that could result in death from happening. It is only in emergency situations that Police do not have
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inception‚ New York City’s stop and frisk program has drawn much controversy stemming from the disproportionate rate of arrest. While the argument that the program violates an individual’s 4th amendment right of protection from unreasonable search and seizure could absolutely be made‚ that argument pales in comparison to the argument of discrimination. A disproportionate number of African Americans and Hispanics are unreasonably stopped and searched simply for looking suspicious. The original intention
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Civil rights and liberties are basic ingredients of a democracy. Civil rights are the laws that protects us against discrimination on various basis such as gender‚ race‚ class‚ etc. These are the laws that government promises equality to all its citizens. Civil liberties in the other hand is associated with other rights and freedoms that are guaranteed by the government. Civil rights and government are both similar and different in some ways. They both serve democracy but hold different responsibilities
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