we should all have the opportunity to freely choose our own accounts that are distinct from the overall Security system. Democrats think that those who make more than $250‚000 should pay a little bit more in payroll taxes for Social Security. Wiretapping is also a very important issue. Democrats support the protections and judicial oversight on surveillance programs involving Americans. They state that they reject illegal
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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 to Bernardo Garcia automobile. For instance‚ there was enough probable cause because the first person reported to the police that Garcia was using meth.
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Legal Awareness: Valid Warrantless Arrest No. 1: A police officer or a private person may‚ without a warrant arrest a person when in his presence‚ the person to be arrested has committed‚ is actually committing or attempting to commit a crime. The most common application of this is the “in flagrante delicto” rule in “buy-bust” operations. “In flagrante delicto” basically means getting caught in the act of committing a crime. A buy-bust operation is a form of entrapment usually conducted to enforce
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illegal search. The Fourth Amendment right also allows for warrantless searches for LEO’s. A warrantless search is granted when probable cause is met for a lawful arrest or if there is exigent circumstances which arise. Exigent circumstances are when a LEO must react immediately due to the defendant’s actions; like destroying evidence. If a LEO has probable cause to arrest someone‚ then the LEO has the authority to conduct a warrantless search of their persons for illegal contraband. Another example
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Georgia v. Randolph is a landmark case pertaining to the search of a private resident without a search warrant where one resident gives law enforcement personnel consents to conduct a search and the other member objects. This particular case involved a married couple Scott and Janet Randolph‚ who were having marriage problems. Janet decided to leave Scott taking their son with her to Canada (Wood 2007 para 1). After being gone for a little over a month she and the child returned to the same residents
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In the legal case (Unites States v Leon) On August 1981‚ police in Burbank received intel from an informant that Patsy Stewart and Armando Sanchez were selling narcotics from their personal residence. Police began surveillance of their home without a warrant and identified suspects Ricardo Del Castillo and Alberto Leon. Based on their investigation and information obtained from another informant‚ a warrant was obtained. A search of the residence was conducted‚ and large amounts of drug paraphernalia
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INTRODUCTION Rules for searches conducted in plain smell are complex and varied based on the circumstances and location of the search. Under the plain smell doctrine‚ an officer can use his sense of smell as probable cause to search if there is an articulable belief that the origination of the odor is an illegal substance‚ or if it indicates an exigent circumstance. Plain smell is a principle under the plain view rule‚ which basically states that evidence in plain view of an officer is not protected
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Since the new modern GPS tracking systems appeared‚ parents have been chipping their children invading their Childs privacy. It affects the children’s life and ruins the fact that they have freedom and privacy. Paranoid moms and dads have been chipping and GPS tracking their children since the day these devices came out to monitor their every move. Although the parents are trying to keep their children safe‚ it’s not fair that the children‚ mainly teens‚ can’t have any freedom. Everywhere they go
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police have prior justification for an intrusion in the course of which he inadvertently came across a piece of evidence incriminating the accused. However‚ a limitation to the plain view rule is that plain view alone is never enough to justify warrantless seizure of evidence. The item ’s imcriminating characteristic(s) must be immediately apparent. In Horton v. California‚ a police sergeant investigating a robbery had a warrant to search petitioner Horton’s home. The warrant issued specified a search
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Running Head: PROBABLE CAUSE 1 Probable Cause leading to Search Warrant’s Nicole Yaniero AIU Online PROBABLE CAUSE 2 Abstract This paper discusses the underlying circumstances to obtaining a
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