Search Warrants and Probable Cause Training Search Warrants and Probable Cause Training Welcome to the Federal Agent/Law enforcement combined in-service training. Over the next two weeks we will be spending time with our fellow agents as well as local officers in this refresher course. The federal agency takes pride in making sure that their agents are top notch in training and being properly informed on laws and expectations. Search warrants and the Fourth Amendment Let’s start with what
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exceptions to the Fourth Amendment’s warrant requirement. Warrantless searches are per se unreasonable under the Fourth Amendment subject only to a few specifically established and well-delineated exceptions. The most common form of warrantless searches is called consent searches. This occurs when police ask for permission to search and someone with authority to grant consent agrees to give such permission. Another common type of warrantless search is called a search incident to arrest (David W. Neubauer
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Terrorism and Counterterrorism in the United States On September 11th‚ 2001‚ at 8:46 AM the United States experienced something that would transform it forever. The first aircraft smashed into the North Tower of the World Trade Center and the second hit the South Tower at 9:03. At 9:37 a third airliner hit the Pentagon and at 10:03 the fourth crashed in a field in Pennsylvania. This was a truly sad day when nearly 3‚000 people were killed in this violent terrorist act. It has not stopped there
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of Terry v. Ohio is considered to be a landmark case because it is “understood to validate the practice of frisking (or patting down) suspects for weapons under diverse circumstances” (www.flexyourrights.org). These circumstances that allow for warrantless searches are applied only if and when an officer feels that peoples lives could be at risk‚ or if there is enough cause to believe that “a crime is in the process of being committed‚ a crime has already been committed‚ or that a crime was about
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Government Surveillance is Legal and Necessary Since September 11‚ 2001‚ the National Security Agency started a program called National Security to help the government collect and monitor information and data from overseas.There are two-hundred million text messages and three million phone calls collected per day to detect terrorist attacks before it happens (King 1). Some attacks are stopped before it happens but there are some that aren’t. Let’s take 9/11 for example‚ nineteen hijackers attacked
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of the police officer‚ an official of the government‚ entering Jones’s apartment without a warrant violated the defendant’s Fourth Amendment rights because it was a warrantless search. The defendant had a reasonable expectation of privacy in his own apartment‚ and there was no emergency occurring that would have justified a warrantless search; thus the evidence obtained would be inadmissible under the “fruit of the poisonous tree” rule‚ which rules that evidence obtained indirectly from improper conduct
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According to the Fourth Amendment‚ The right of people to be secure in their persons‚ houses‚ papers‚ against unreasonable searches and seizures shall no be violated and no warrants shall issue‚ but upon reasonable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized. Protection from unreasonable searches and seizures requires police‚ if they have time to obtain a valid search warrant‚ issued by a magistrate after the
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January 21‚ 2012 ------------------------------------------------- Transcribed by: Jade Canada Lets talk about ------------------------------------------------- valid warrantless arrest The first instance would be your case of IN FLAGRANTE DELICTO arrest meaning “caught in the act” this is governed by the Rule 113‚ Section 5 of the ROC particularly Sec. 5. Arrest without warrant; when lawful. – A peace officer or a private person may‚ without a warrant‚ arrest a person (a) When
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be arrested is a prisoner who has escaped from a penal establishment or a place where he is serving final judgment. If the arrest was affected without absent a warrant of arrest without the presence of the conditions stated by law for a valid warrantless arrest it can be characterized us unlawful and therefore it may cause the police officer affecting the arrest to be liable under the law for Arbitrary Detention‚ Illegal detention‚ or Unlawful Arrest. Arbitrary detention happens when a public
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Federal agents suspected DLK was growing marijuana in his home and scanned DLK’s home from outside with a thermal imager which is a device that detects warmth within the home. The results were consistent with the use of heat intensive lights used in growing marijuana indoors and based on the scan and other evidence‚ the agents were able to obtain a warrant which was used to search the home where they found more than 100 marijuana plants. Within the search and seizure case of DLK‚ the government did
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