ipl-logo

Crime Scene Immigrant In The Criminal Justice System

1030 Words5 Pages

In the criminal justice system a police officer or crime scene investigator cannot legally search a person or property without a search warrant. There have been ongoing debates and revisions on the legal requirements and circumstances under which it is necessary to obtain a search and seizure warrant before crime scene processing. According to the Fourth Amendment search and seizure requirements, a warrant is required any time a reasonable expectation of privacy exists. Therefore, in an effort to protect the right of the people and their belongings against unreasonable search and seizures and up hold the law officials accountable for fair treatment and processing procedures. When a crime scene investigator comes upon the scene, they must have a search warrant. Without a warrant, all of the information gathered in order to process the crime could be greatly compromised. Now a search warrant is defined as a legal document authorizing law enforcement official to enter and search a premises or person (legal-dictionary n.d.). Therefore, when a crime scene investigator come on a scene to process that scene they most have a search warrant in order to gather all of the information needed to process the crime.
The Fourth Amendment seems clear on laws concerning crime scene investigation, but emergency situations will sometimes arise …show more content…

They have to know that they cannot touch or process anything on the scene without a warrant. Furthermore, they have to ensure that all of the evidence is collected properly, as well as a proper perimeter is established around the crime scene to keep unauthorized people out of the scene to avoid contamination and collection of evidence. They have to also deal with the issue of sometimes getting information from witness, while making sure that their safety is not placed in any

Show More
Related

Commonwealth V. Newman Case Study

157 Words | 1 Pages

In Commonwealth v. Newman, 429 PA. 441 (1968), on November 16, 1964, at about 11:30 a.m. four detectives went to appellant 's home with a body warrant for appellant and a search warrant for the premises. The complaint for the search warrant recited that the affiant, Detective John McCrory, deposed that there was probable cause to believe that certain books, papers, and other items used for the purpose of a lottery were in the possession of Henderson Newman at or near 721 West Mary Street. They forcefully entered the appellant 's home without announcement or purpose. The court held that, the forcible entry without announcement of purpose violates the Fourth Amendment. The fruits of an illegal search are inadmissible under Mapp v. Ohio,

Read More

Police Violate The Fourth Amendment

234 Words | 1 Pages

In the case, the Court did not see sufficient evidence to support the claim that the police violated the respondent’s Fourth Amendment right, prior to entering the resident. There is no evidence of threats or demands made by the police officers, that would insinuate the officer did anything wrong. Because the police in this case did not violate or threaten to violate the Fourth Amendment prior to the exigency, the Court held that the exigency did in fact justify the warrantless search. The officers re-acted upon suspicion and training (Vile, n.d.).

Read More

Case Study: Payton V. New York

325 Words | 2 Pages

Facts: Law enforcement gathered enough evidence to establish probable cause that Payton murdered a gas station employee. Without an arrest warrant, agents entered the suspect’s home with force to make an arrest. Payton was not home at the time of the entry but in plain view officers found a shell casing that was used for evidence. Issue: Is it unreasonable under the Fourth Amendment Search and Seizure Clause for law enforcement to enter a home without an arrest warrant or search warrant

Read More

The United States V. Place 462 US Case Brief

510 Words | 3 Pages

Significance: The Supreme Court here expresses that governmental conduct like drug dog sniffing that can reveal whether a substance is contraband, yet no other private fact, does not compromise any privacy interest, and therefore is not a search subject to the Fourth Amendment. Terry v. Ohio permits only brief investigative stops and extremely limited searches based on reasonable suspicion including seizures of property independent of the seizure of the

Read More

Maryland Vs Pringle Case Study

671 Words | 3 Pages

Fourth rights and had legal probable cause to search and arrest

Read More

Wilson Vs Arkansas Case Study

292 Words | 2 Pages

The Fourth Amendment draws a line at the entrance of a home. In order for an officer to enter into a home, they must first obtain a warrant. While this is the easiest way to enter into a home, there are exceptions to the necessity of a warrant. An officer does not need a warrant when there is consent, it involves a vehicle, at incident to arrest, containers, or it is an emergency. This case is considered an emergency.

Read More

Arizona Vs Gant Case Study

860 Words | 4 Pages

____, 2009 U.S. Lexis 3120 (2009) , used the standards outlined in Katz v. United States, 389 U.S. 347, 357, 88 S. Ct. 507, 19 L. Ed. 2d 576 (1967) which states “searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment – subject only to a few specifically established and well-delineated exceptions.” The court also used Weeks v. United States 232 U.S. 383, 392, 34 S. Ct. 341, 58 L. Ed. 652, T.D. 1964 (1914), which states that a search incident to an arrest is among one of the exceptions to the warrant requirement.

Read More

Exclusionary Rule In The Weeks V. United States Case

475 Words | 2 Pages

The Weeks v United States case was the Supreme Court basis in determining to incorporate the Fourth Amendment into the Fourteenth Amendment due process clause and apply the exclusionary rule in state cases. In this essay, I am going to discuss the reason why the Supreme Court determine that the exclusionary rule should apply to the state police activity. Prior to the case of Weeks v United States, the state police activity “were not limited in their conduct by the Fourth Amendment” (Ingram p.81) and the exclusionary rule of Fourth Amendments illegal search and seizure only applies to federal law enforcement officers. Basically, it means that state law enforcement officials can illegally search and seized criminal activity evidence and court don’t prohibit the use of illegally obtained evidence in the trial court.

Read More

Supreme Court Case Of Ohio Terry V. Ohio

885 Words | 4 Pages

If the police were to conduct a search without a warrant or consent in this situation, any and all evidence found would be prohibited from use against the suspect in the court of law. This rule is called the exclusionary law, created under the Supreme Court ruling of Mapp v. Ohio (Mapp v. Ohio, 1961), states that any evidence that is illegally obtained during an investigation cannot be used in the court of

Read More

No Probable Cause To Arrest Hayes Essay

551 Words | 3 Pages

This is a criminal case, in which the Supreme Court ruled that there was no probable cause to arrest Hayes. Hayes did not give consent to be taken to the police station and be detained plus fingerprint. Therefore, Hayed Fourth Amendment rights were violated and the conviction was overturned. Fact of the case: In the 1980’s there was a series of rape and burglary that happened in Punta Gorda Florida.

Read More

Dk Dbq Analysis

742 Words | 3 Pages

According to the Fourth Amendment, people have the right to be secure in their private property, and may only be searched with probable cause. However, in a recent case, this right was violated by the government. An Oregon citizen, with the initials of DLK, was suspected of growing marijuana in his home. The federal government used a thermal imager to scan his home, and were later given a warrant to physically search his home. However, many remain divided over whether or not this scan was constitutional, as there was no warrant at the time of the scan.

Read More

Argumentative Essay On The Fourth Amendment

427 Words | 2 Pages

To begin, we need to understand the fourth amendment. The fourth amendment was created to prevent the government from breaching into our homes and convicting us of crimes based on evidence they discover within our homes. It was vital to state unreasonable searches in the constitution, and an unreasonable search is a search done without

Read More

Dwight Dexter Upheld In The United States Criminal Justice System

625 Words | 3 Pages

The Fourth Amendment clearly states that the police must have a warrant to search a someone’s home and personal belongings. Though the police had probable cause, the murder they intended to find could not be located in Mr. Dexter’s car. The police and investigators searched Mr. Dexter’s car without obtaining a search warrant because they did not have enough time to get one. In the car they found a gun that did not relate to the

Read More

Ddk Dbq

469 Words | 2 Pages

Federal agents suspected DLK was growing marijuana in his home. To gather evidence they scanned his house with a device called a thermal imager. A thermal imager detects heat. The results of the scan showed abnormal heat signatures. However was that search constitutional?

Read More

Police Operational Strategies

1267 Words | 6 Pages

Criminal investigation is the process of discovering, collecting, preparing, identifying, and presenting evidence to determine what happened and who is responsible The preliminary investigation includes all the activities that an officer performs when he/she responds to a crime. The officer is responsible for responding immediately and rendering aid to those that are injured. While the officer responds and renders aid, it is important for he/she to note important facts by either writing it down, contacting dispatch, or taking mental note. These facts include the position of the victim or injured, recording spontaneous statements, paying attention to unusual actions or activities, and an assessment of the crime scene. I know it is out of order, but I believe the second and most crucial step is to secure the crime scene.

Read More

More about Crime Scene Immigrant In The Criminal Justice System

Related Topics

Open Document