Evidence found at the place of the crime can give investigators clues to who committed the crime. For example, investigators can find footprints, fingerprints, or even the murder weapon. In fact, a hatchet was found on property, which detectives believe is the murder weapon(Allard,2013). This is important because the hatchet gives clues to who committed the crimes.
Our current body of search law is the ongoing process of the communication of legislation, case law, and Constitutional law. “The Fourth 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” (Taylor, Fritsch, & Liederbach2015). Numerous question is still raised on the specific details occurring in the searches and seizures of digital evidence. Overall, the questions focus on whether or not an activity is a "search" and whether a search is "reasonable."
The main parts of a criminal justice system can best be described as a discretionary model, because so many steps are taken from the stages of committing a crime to being prosecuted and possibly release from correctional institutions in the future. Each one of these steps have a serious deciding elements in them that play a role in the prosecution of a criminal. As stated in the text book “no two cases are alike, and no two defendants are alike,” (Barkan, 17). Because of the uniqueness of each case and the people involved in it a system must be put in place to insure that at every stage of the criminal justice system there is a set of questions and decisions that are being made effectively and properly.
Basically the warrant is what gives law enforcement the go to perform search and seizures. There have been cases where officers have obtained warrants to search for evidence and had to come back to court to obtain a warrant to search something else. Also, evidence retrieved
Doing this, helpws protect the evidence and prevent cross contamination. The crime scene is the physical area where a crime is thought to of occurred and where the evidence of the said crime is thought to reside. Vital evidence to a case, can be found at a crime scene. This includes, fingerprints, DNA, foot prints, bullets, bullet casings, fibers, etc. It is important to determine if a crime has in fact been committed, if so, the officer must initiate enforcement action, by arresting or pursuing the offender or dispatching apprehension information.
• Describing Property – The initial term that would have to be given prominence in the search warrant, is describing the property to be searched. In the present case, it is computer and it shall be identified and described. Such a description would require that details be given that the computer model is "serial number: AL1002001; model: XYZ2" and it has been logged as an evidence in relation to the case against Miranda. Further inclusion has to be made of the fact that it is presently "stored at the Anywhere Police Department located at 123 Anywhere Street, Anywhere, VA 12345". • Data related to computer – The second term that needs to be considered in the search warrant is the data which can stored and removed from a digital media.
The Process of the Criminal Justice System There is an order to the process of criminal justice. According to the Center for Victims of Crime (NCVC) (2012), the criminal judicial system is composed of law enforcement agencies, prosecutors, defense attorneys, the court system, and corrections. Law enforcement officers investigate crimes. Once law enforcement officers have conducted their investigations and have arrested the person they believe is the person that committed the crime, the process moves to the prosecution. A prosecutor gets assigned to the case, and the prosecutor 's office has the task of presenting evidence proving the guilt of the person arrested.
The agencies investigate the crime and obtain such evidence to help prosecutors understand all the elements of the case. Depending on the situation, the first step may actually be an arrest. If responding police officers have enough probable cause to arrest a suspect, they will do so. In some situations, the investigation step may involve a search warrant. A search warrant is required by The Fourth Amendment of the Constitution and entails police officers to have probable cause before they search a home, car, other property and/or individual’s clothing.
He 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.
The Dougherty County Jail is 1,230 bed state of art pre-trial detention facility that is under supervision and operation of Dougherty County Sheriff. In addition to pre-trial inmates, the facility houses State, City, and a small number of other inmates for other area law enforcement agencies. The jail facility is unique in that it has two on-site courtrooms that host a variety of court proceedings seven days each week. The jail maintains a high-level of safety and security utilizing current and nationally accepted detention management practices. The jail utilizes inmate labor under the supervision of contracted food services specialists to prepare approximately 3,500 meals daily. Inmates are also utilized in other areas of the jail, such as
1. What is the definition of custody and treatment? a. Custody: the activities within a prison that control inmate behavior and maintain order. b. Treatment: “is the creation of an environment and provision of rehabilitative programs that encourage inmates to accept responsibility and to address personal disorders that make success in the community more difficult.” 2.
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
Before an officer obtains a search warrant, they must submit an under-oath application of a search warrant to the appropriate judge. The officer then prepares an affidavit Preparing which describes the place to be searched, the items to be searched, and the reason why the officers think the things that they are searching for will be at a location. Before the warrant is signed officers must prove to a neutral judge that probable cause exists and that a crime is happening at a place or an evidence of a crime is in a place. For a magistrate to sign a warrant, they must believe that probable cause exists. If the judge finds there is probable cause for a search to take place, he signs the warrant to make it official and then officers can go to the place to search.
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.