Essays on search and seizure
Essays on search and seizure
Weeks was not home at the time of law enforcements arrival. I believe this rule can be used as a deterrents to law enforcement personnel to be careful and follow all policies and procedures when conducting a search, gathering and storing evidence. Up until this time, previous cases at set precedents provided little or no protection from illegal searches and seizures for the accused facing state prosecution. The fourth amendment basically grants us protection from unreasonable searches and seizures. When this case went to the Supreme Court in was found in a close 5 to 4 vote that wiretapping was found within the scope of the fourth amendment. This rule can also lead to a better trained and more prepared officer, because more attention will be given to training if there is a fear that evidence can be dismissed. The goal in a business is to make money and to protect their goods. If an individual is stopped, it does not automatically give consent to search the vehicle. At this point law enforcement has the legal right to access the Ellis household because the entire home is now considered a crime scene.
Introduction to Criminal Justice 12th ed. This is the amendment that covers the area of search and seizure as well as privacy. The police officer arrives hearing very loud music coming from the residence which violates a noise ordinance.
Warrants are to specific the place to be searched, and specific items that can be seized if located within that place.
Professor Rose at Stetson Law gives an overview of searches and seizures; the professor elaborates on the steps used when determining the legality of the Fourth Amendment. This evidence at the time was found to be in violation of state law.
Ohio is one of the most important Supreme Court decisions of the last century. I will also discuss several different cases involving the exclusionary rule and the fruit of poisonous tree.
The issue of search and seizure is more than a simple legal problem, for it is directly related to a deeply held constitutional right to be free from unreasonable searches and seizures.
An officer can use their knowledge and expertise to gather any evidence such as depicting gang graffiti which can determine the criminal activity that has taken place. United States. The reasonableness factor, which by far is one of the more important parts of the evidence gathering process, is the state of true common sense, and is desperately needed.
State or federal officers are allowed where justified to search your car, house, property in order to seize illegal items such as drugs, illegal weapons, stolen goods just to name a few.
It will also compare three or more elements of the terms.
4th amendment essay examples
During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. The reasonableness factor, which by far is one of the more important parts of the evidence gathering process, is the state of true common sense, and is desperately needed. After speaking with Ms. Ellis to another room to see if she could answer any questions regarding who was all present in the home and when the last time was she seen or spoke with Clyde Stevens. Non-routines searches on the other hand, are searches there reasonable suspicion may lie. In other words consider yourself under public scrutiny when you are enrolled in any institution and act accordingly, upholding the law and the moral and ethical standards associated with your role as a student. It also contains to clauses; the reasonableness clause and the warrant clause. Protecting citizens from arbitrary searches, the Fourth Amendment of the Constitution is our right to limit and deny any unreasonable search and seizure.
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