Difference Between Criminal Procedure And Probable Cause
Criminal Procedure and Probable Cause
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Criminal Procedure and Probable Cause
Introduction
Criminal procedure is a broad term that encompasses the various rules and regulations that governs and guides the manner in which courts process criminal cases. The set of rules and laws that make up criminal procedure are all geared towards ensuring that the constitutional rights of defendants and criminals have been protected during the entirety of the criminal justice process which includes investigation, arrests, plea bargaining, trials, and sentencing. Probable cause, on the other hand, is a criminal law concept that refers to the requirement that law enforcement officials should have sufficient
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The Fourth amendment protects the citizens from unreasonable searches and seizures by law enforcement officials. The search warrant is usually issued by a judge to authorize law enforcement officials to search specific locations and obtain particular items. Arrest warrants, on the other hand, are similar to the arrest warrants save for the fact that rather than granting authorization to search and seize specific items, arrest warrants provide authorization for the arrest and detention of an individual. The role of warrants is to ensure the protection of citizens’ rights by placing the judgement of an independent and impartial judge between law enforcement actions and the privacy of the citizens (Etats-Unis, & Library of Congress, 2013). For any search or arrest warrant to be …show more content…
Automobile exception. The high mobility of vehicles means that warrants are not required to search them whenever there is probable cause that they contain crime evidence
f. Hot pursuit/emergencies. Evidence that can easily be destroyed, moved, or made to disappear before a warrant can be issued may be seized without a warrant
References
Carmen, R. V. (2017). Criminal procedure: Law and practice. Boston, MA: Cengage Learning
Carmen, R. V. & Hemmens, C. (2016). Criminal Procedure: Law and Practice. Cengage Learning.
États-Unis., & Library of Congress. (2013). The Constitution of the United States of America: Analysis and interpretation: centennial edition: analysis of cases decided by the Supreme Court of the United States to June 28, 2012. Washington: U.S. Government printing office
Geuss, M. (October 1, 2017). Volkswagen Executive Arrested During Miami Vacation Over Emissions Scandal. Technica. Web. Retrieved from https://arstechnica.com/cars/2017/01/vw-exec-arrested-during-miami-vacation-over-emissions-scandal/
Levi, E. H., & In Fuller, J. (2013). Restoring justice: The speeches of Attorney General Edward H. Levi. Chicago : The University of Chicago
Roosevelt Road Observation
192 Words | 1 PagesIn summary, on 06/05/16 at 2254 hours Ofc. E. Vera #289 and I were patrolling the area of 5900 W Roosevelt Rd. , at which time I observed a vehicle (03 ' silver Volkswagen IL Y804576) disregard the stop light located at 59th Ave./Roosevelt Road. A traffic stop was conducted on the vehicle.
David Jon Riley Case
482 Words | 2 PagesOn August 2, 2009, David Leon Riley who belong to the Lincoln Park gang in San Diego, California open fire with others on a rival gang member that was driving past them. They then got into Riley’s Oldsmobile and drove away. The police pulled over driving a different car on August 20, 2009 for having expired registration tags, because Riley was driving with a suspended driver’s license, the required police policy is for the car to be impounded. Before any car is impounded, the police are required to perform a inventory search to make sure it has all the components at the time of the search, to protect against liability claims in the future, and to find hidden contraband. Police found 2 firearms and arrested Riley for possession of firearms.
Minnesota Vs Dickerson Case Summary
435 Words | 2 PagesCitation: Minnesota v. Dickerson, 508 U.S. 366 (1993). Parties: State of Minnesota, Petitioner Timothy Dickerson, Respondent Facts: On the evening of November 9th, 1989, two Minnesota police officers observed Respondent leaving a 12-unit apartment on North Morgan Avenue. The officers pulled to the side of the road and saw that Respondent had turned and started to walk away from the officers. The officers gained a reasonable suspicion that Respondent was carrying illegal drugs and proceeded to approach Respondent. One of the officers noticed a lump in Respondent’s left coat pocket and proceeded to frisk him.
Chapter 4: Criminal Investigatory Search Warrants
579 Words | 3 PagesChapter 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
Arizona Vs Gant Case Study
860 Words | 4 PagesArizona v. Gant Supreme Court of the United States 556 U.S. ____, 2009 U.S. Lexis 3120 (2009) FACTS: Rodney Gant is arrested, handcuffed, and placed in the back seat of a patrol car for driving on a suspended license. While Gant is in the police cruiser, officers search his vehicle and find a jacket in the backseat containing cocaine in the pocket. Gant gets convicted for possession of a narcotic drug for sale and possession of drug paraphernalia. On August 25, 1999, Tucson Police receive an anonymous tip that drug sales are taking place at a residence located at 2524 North Walnut Avenue.
Mark James Knights Case Study
829 Words | 4 PagesUnited States v. Mark James Knights, 219 F. 3d 1138 Issue: The issue involved in this case is whether the respondents Fourth Amendment rights were infringed upon when law enforcement searched his home without a warrant. Even though respondent agreed to the terms of probation following release, which included searches of his person or premises with or without a warrant (The United States Department of Justice, 2014). Rule: The rule of law in regards to Knights probation conditions following release state that Knights would “submit his person, property, residence, vehicle, personal effects, to be searched at any time, with or without a search warrant, warrant of arrest or reasonable cause by any probation officer or law enforcement officer” (Karagiozis et al., 2005 p. 223).
Model Rule Sentencing Case Study
661 Words | 3 PagesAshley Smith CRJU 1400 LU 7 Review Questions Review Questions for Learning Unit Seven What governs the ethical conduct of lawyers? Discuss the pros and cons of plea bargaining. What has the U.S. Supreme Court held in regards to the professional misconduct of prosecutors? (in terms of punishment) How do forfeiture laws help to deter the conduct of mob lawyers?
Essay On 4th Amendment
962 Words | 4 PagesThe 4th amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In the context of the 4th amendment, a search is considered or happens, “when a governmental employee or agent of the government violates an individual's reasonable expectation of privacy.” (Ryan) An example of a search under the 4th amendment is forms of searches such as stip searches or visual body searches but they have to be supported by a probable cause and be conducted in a reasonable matter. A seizure of an individual under the 4th amendment means or happens , “when the police's conduct would communicate to a reasonable person, taking into account the circumstances surrounding the encounter, that the person is not free to ignore the police presence and leave at his will.”
Frisk Research Paper
1113 Words | 5 PagesHowever, mere suspicion does not permit law enforcement officers to stop, question or frisk an individual. But, the officer can continue observing the suspected individual(s) to see if any higher level of suspicion develops. Reasonable suspicion is the lowest standard of proof. It is a conclusion that a person has committed or is about to commit a crime. According to Terry v. Ohio, Reasonable suspicion grants permission to an officer to conduct a stop, question and possibly frisk.
Stop And Frisk Analysis
712 Words | 3 PagesHe argued that while he agrees that there was a search and seizure, he does not believe that probable cause for the search and seizure was present. He outlines the clear and stark difference in the probable cause and the charge filed. Douglas also defines “probable cause” and “reasonable suspicion” as wholly independent identities. Additionally, Douglas develops the issue of probable cause being befitting of the crime suspected by acknowledging the basis of a warrant and holds that the probable cause that the officer has must be to the same standard as the warrant a magistrate or judge would sign.
Search And Seizure Law: Detrimental Issues In The Criminal Justice System
181 Words | 1 PagesSearch and seizure law is actually one of the detrimental issues in the criminal justice system. Many officers are sometimes faced with constraints and are not able to work properly given that they fail to understand and distinguish between situations when search warrant are required ( Del, 2014). In incidents that have lawful arrest as well as when there is a plain view exception. In areas where consent is given by a person in authority, there is no need for the search warrant required together with the police stops and frisking a person whom they have a reasonable suspicion on of an act that is equated to a crime. Another example is when a situation is an emergency and there is a hot pursuit given the evidence may disappear before the warrant
Argumentative Essay On The Fourth Amendment
427 Words | 2 PagesTo 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
Felony Murder Rule Research Paper
1805 Words | 8 PagesLippman, Matthew. (2017). Essential Criminal Law (2nd ed.). Thousand Oaks, CA: Sage Publications. Malani, Anup. (2007)
Explain How The Policy And Procedure To Establish A Chain Of Custody
434 Words | 2 PagesWho came into contact with it, why were the evidence being handle, and if any changes were made to the evidence or date during the time it was being handled. Before any search warrant can be issued, probable cause must be clearly established. This is so law enforcement can connect property or a thing to be searched with the commission of a specific crime.
Ethics In The Criminal Justice System
1279 Words | 6 PagesIn the formal criminal justice process, there are important decision makers that decide whether to keep the offender in the system or dismiss the suspect with no future consequences. Suppose a law was set in place
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