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Criminal procedure questions and answers
The missue of police power
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More handpicked essays just for you.
Criminal procedure questions and answers
The missue of police power
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But, that was not the case and the officers did pursue sam without probable cause. Evidence that was founded by taking an individual’s rights is illegal and cannot be used in
The case, Utah v. Strieff, A criminal case involving probable cause and the Fourth amendment was a case in Utah, where a narcotics detective made an arrest of a man, who was not actively involved in a crime but had frequented a suspected drug house. The suspect, Mr. Strieff had a previous warrant and was seen leaving the home where drugs are known. The detective, Officer Fackrell had been watching the home for over a week based on a tip of suspected drug activity. Officer Fackrell watched Mr. Strieff leave the house, walk to a store and proceeded to stop him, ask for his ID and called his name in to see if he had any warrants. He did have a warrant for traffic violation and the officer arrested him, searched him and found illegal drugs on him.
According to the Portsmouth Police’s probable cause summary, a black male identified in a video was observed exiting the rear passenger side of a Honda Pilot with a Tommy Hilfiger’s red jacket. The jacket matched the description which the victim provided. Aronte Neshawn Sharpe was identified as the individual wearing the jacket and posing in the jacket while leaving a store (7-11). He also was observed in possession of the jacket while looking into a video screen according the probable cause summary. The report stated the victim was contacted by Detective Baker, Portsmouth Police to see if the jacket belonged to her.
The majority opinion discussed the Fourth Amendment and explains now it provides the the ability to arrest individuals without a warrant when the officers have probable cause that a suspect has committed a criminal offense. During this traffic stop, the arresting officer determined a crime had occurred. It was up to the court to determine if the officer had probable cause to arrest Pringle. Chief Justice Rehnquist determined that the arresting officers proved a crime occurred and there was probable cause to determine Pringle should be arrested. According to Chief Justice Rehnquist, when three people are in the car where drugs are located and the owner of the drugs is not clear with no one admitting possession, it is reasonable for the officers to believe that either one or all of the occupants of the vehicle committed the offense.
It specifically states that a person is protected in their home or possessions from unreasonable seizures and searches by officers. It adds that a warrant may not be issued without credible cause defended by oath or
Chapter 4 is titled "Criminal Investigatory Search Warrants. " Search warrant laws are found in the Fourth Amendment of the Bill of Rights. The elements of a search warrant include: (1) an order in writing, (2) issued by a proper judicial authority, (3) in the name of the people, (4) directed to a law enforcement officers, (5) commanding the officer to search for certain personal property, and (6) commanding the officer to bring that property before the judicial authority named in the warrant. Neutral judicial officers such as clerks of court, magistrates, complaint justices, judges, and justices of the peace are allowed to issue search warrants in their permitted jurisdictions. They must have probable cause before they can authorize a search warrant, which is usually done through an affidavit submitted by the law
The main few being the police officer's safety, the Fourth Amendment, and stop and frisk. Officer Mcfadden testifies that two men, John Terry and Chilton walked and stopped in front of a store, then met up at the corner down the street, and repeated to do so approximately 24 times. This would be considered almost the definition of probable cause, which is reasonable grounds for searching or pressing a charge. McFadden decided under his reasonable cause to interfere and find out what was the situation. Such actions made by the two men convinced the officer he needed to be sure he was safe.
This violated his fourth and fourteen Amendment rights. The courts made impermissible Use of the testimony even if law enforcement had reasonable suspicion. Rule of law: An individual cannot be brought to a police station and fingerprinted without probable cause or a warrant. The courts compared the cases of Davis v. Mississippi, 394 U.S. 721. (Investigatory detentions).
Riley’s lawyer gathered as much evidence as he could to prove that the San Diego police officer did not have the right to confiscate Riley’s cell phone without a warrant. Riley’s lawyer also believed that because the officer search without a warrant he violated Riley’s fourth amendment right. At Mr. Riley’s trial, police officers testified about the photographs and other sources on the cell phone and these were admitted into evidence. The trial court wound up rejecting all of the lawyers arguments and believed that the search followed the “search incident to a lawful arrest” doctrine. This doctrine allows for police to conduct a search on items such as cell phones whenever that item is found near the suspect at the time of arrest.
As the definition of “unreasonable” can be debated, the Supreme Court has upheld the idea that probable cause and reasonable suspicion in necessary, as opposed to a mere guess. The 4th amendment is constantly involved in various police situations such as making an arrest, stopping a person for questioning, entering a home to search for evidence, etc. It is necessary that police adhere to their obligation to protect said rights by possessing a valid arrest/search warrant and establish probable cause, or there is the risk of the evidence being non valid as per the exclusionary
There exist four different ways in which an officer can search a suspect’s vehicle. The first way is by obtaining consent from the owner of the vehicle. The second way is the “safety prong” or the “evidentiary prong” (556 U.S. 322, 2009).The safety prong states that an officer can search a suspect’s vehicle for safety purposes. However, this can only occur if the suspect is still unsecure and within reaching distance of the passenger compartment of the vehicle at the time of the search (cops, 2009). Officers can also search a vehicle under the “evidentiary prong” (556 U.S. 322, 2009).
This is called probable cause, the law states "probable cause is needed to believe the search will uncover criminal activities. " The warrant is therefore supported by probable cause until law enforcement obtains enough evidence to arrest the person that broke the laws. This is a very important part of our legal system and democracy, it protects citizens and the law enforcement officers. Also, the law officers must ''have probable before they can make any arrest''. The importance of this is so everything can be constitutional.
There are 2 exceptions to this law. First, in the 1984 Nix V Williams case the Supreme Court ruled if the police would have found the evidence anyway. Second, if the police believe they are acting in good faith, even though the warrant they have is fraudulent. This was declared in the 1989 USA V Lean
When asked about cheerleading most people tend to think the obvious, like It’s a female sport, or It’s not a sport at all just girls on the side line supporting other athletes. Well, there has been a change in the game that people will either accept or debate because of its history or because of its future. For over a year now cheerleading has been declared as a legal sport, “High School cheerleading would become an official school sport in California under legislation that passed the Assembly on Monday. Assembly Bill 949, which passed on a 71-3 vote, would have the California Interscholastic Federation regulate competition cheer like other sports, which the bill’s author said would mean better safety and coaching training standards and potentially more resources for cheerleaders.” (White, 1) Due to all the changes and difficulty skills needed for example flexability, strength and even tumbling it
An officer may only be allowed to search a person 's personal belongings if their reasoning is associated with a lawful arrest and if they have a probable cause to search (Matthews). After it being a huge deal in New York, other cities and states began embracing the use of stop-and-frisk as it began growing around the United States. In the 1950s police officials in other cities took up, and expanded, the stop-and-search tactics by using the LAPD to embrace the theory of crime