Probable Cause Of Arrest
1. For an arrest to be constitutionally valid, the police must have probable cause. The police can obtain probable cause in several different ways. Probable cause can include a witness statement, seeing the individual committing the crime, and evidence linking an individual to a crime. For example, the police are responding to a residential burglary when they see an individual with a backpack coming from the direction of the residence. When the individual sees the police, he drops the backpack, which opens to reveal glass cutters, a crowbar, and a screwdriver. The individual proceeds to run. The police have probable cause to arrest him because the tools in the individual’s presence correlate to tools used for gaining entrance in a burglary (the tools are also in plain view), the individual was near the area where a burglary had taken place, and the individual ran away from police.
2. Not only must police have probable cause to get a valid warrant, but
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Sometimes police need to conduct a search and seizure, but do not have a valid warrant. Circumstances that lead to this scenario are that there are exigent/emergency situations, consent is given, or the individual(s) do not have the expectation of privacy. The police usually do not need a warrant if the life of someone is at risk. In some cases, police do not need a warrant to search a vehicle. Furthermore, if an individual voluntarily gives consent to be searched or have their property searched, the police do not need a warrant; however, police have to keep in mind that they cannot go further to what the consent encompassed. For example, the police arrive at a home of an individual suspected to be dealing drugs. The suspect is not home at the time, but his wife (i.e. co-owner) is there. The police ask the wife if they can search the premises and she gives the consent for the search; therefore, the evidence that police find at the home is admissible because the search and seizure was valid even without a
Civil Court Case: Horton V. California
247 Words | 1 PagesIssue: Is the warrantless seizure of evidence in plain view considered prohibited
Case Study: Payton V. New York
325 Words | 2 PagesFacts: 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
Summary: Immigrant Vs Defore
570 Words | 3 PagesContraband items that are owned without a right and are subject to seizure may be submitted into evidence without infringing upon the rights of self-incrimination, whether the seizure has been made with or without a warrant. Defore made it clear in his objection that the weapon was contraband, but the hat and bag were not. Yet, all of the items were submitted into evidence together. Defore’s objection did not favor one item over the other. If any of the items were admissible, his objection does not succeed.
Petitioner Vs. Joelis Jardines Case Study
1901 Words | 8 PagesThe case Florida, Petitioner v. Joelis Jardines questions whether a dog sniff at the front door of a suspected grow house by a trained drug-detection dog is a Fourth Amendment search requiring probable cause (American Bar Association). The canine is being used as the use of surveillance in the investigation. The case begins with an unverified tip that marijuana was being grown in the home of Joelis Jardines on November 3, 2006 (American Bar Association). On December 5, 2006, around 7:00 a.m., the Department and the Drug Enforcement Administration sent a joint surveillance team to his home. Apart of the team is Detective Pedraja, whom watched the house for fifteen minutes.
Orlando W. Wilson Summary
372 Words | 2 PagesThe Supreme Court in view of crime and other dangers-offers police mobility in containing crime. In response to the crime in the early 1960’s, Orlando W. Wilson states how police in order to discover and eliminate crime, they must have the authority to question suspects under “reasonable suspicion and search a suspect on reasonable ground.” Usually when a Police officer needs to hold someone in arrest or search a suspect they must have a warrant. This idea proposed by Wilson is to search or talk with a suspect without a warrant only when provided by reasoning that said suspect producing suspicious behavior. This may seem as too much power in the hands of the police but this suggestion does not justify searching anyone and everyone.
The Pros And Cons Of Ordering Meyers Outside The Judicial Process
396 Words | 2 PagesId. at 29. Moreover, the validity of a detention is to be based on the information known to the law enforcement officer at the time he acted. (United States v. Gaines (2012) 688 F.3d 170.) As such, officers must provide specific and articulable facts for a reasonable suspicion in believing the person detained engaged in criminal activity for a warrantless seizure to be valid. (In re James D. (1987) 43 Cal.3d 903, 914.) Once reasonable suspicion is
Cameron Awbrey's Argument Essay
703 Words | 3 PagesUnited States, an officer arrested and searched the accused because the officer believed that there was a warrant out for the accused. The admissibility of the evidence was at question. However, the court ruled that evidence found is admissible if the officer is acting out in good faith on an erroneous warrant. In our case Officer West was acting in good faith because he was acting on an erroneous warrant. It will be argued that Officer West was negligent toward the facts that were on the warrant, the description of the weight.
No Probable Cause To Arrest Hayes Essay
551 Words | 3 PagesThis 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).
The Exclusionary Rule: Enforcing The Fourth Amendment
597 Words | 3 PagesThe Exclusionary Rule: Enforcing the Fourth Amendment This section begins by explaining that in 1914, the court reexamined their previous ruling as to whether or not one could submit evidence to a court that had been illegally seized (Ingram, 2009). One specific case that the textbook references in relation to this is the case of Weeks v. the United States. In this particular case, the police had seized evidence that they had taken from the defendant’s residence without a proper search warrant. This evidence was then used against the defendant in court and he was convicted as a result.
Arguments Against The Exclusionary Rule
1034 Words | 5 PagesIn the United States, there are many times in which police officers conduct illegal searched and seizures, in hopes of finding evidence that will get an accused a conviction. Under the Fourth Amendment, individuals have a right to be protected from such situations. In 1957, there was a case in which police received a tip from an informant in regard to a bombing and the suspect responsible for the recent bombings (Peak, K. & Everett, P., 2016). The police went to the woman's home and forced themselves in to obtain any evidence that they could find. Evidence was found at the home and the woman was later convicted.
Persuasive Essay On Stop And Frisk
796 Words | 4 PagesAn 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
Case Study: Spinelli V. United States
519 Words | 3 PagesThe following essay will outline the variances of two case” Illinois v. Gates and Spinelli v. United States. It will discuss the Supreme Court requires to establish probable cause for a warrant. Illinois v. Gates In Illinois v. Gates, law enforcement received a letter (that was anonymous) stating that the Gate family was in the drug transporting business, and operating between the states of Florida and Illinois. Upon investigation, law enforcement discovered that Gates had made the purchase of an Air Line ticket, traveling to Florida.
My Rights Protected By The Fourth Amendment
295 Words | 2 PagesThe 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" (Administrative Office, n.d.) The key to this is unreasonable searches and seizures. I am using a government-owned device and if my employer believes I have something to hide that could be hurtful or harmful, he should be allowed to search my device without waiting for a warrant. The only time it would be infringing on my rights protected by the Fourth Amendment is if he is being unreasonable and only checking whenever he felt like being nosey.
Schneckloth V. Bustamte Summary
407 Words | 2 PagesBut the court in Schneckloth v. Bustamonte used a different test for consent searches and it’s the voluntariness test or totality of the circumstances. In this test knowledge to refuse consent is a factor but it is not a requirement the main requirement is on police coercion, this means that the officer did not force Alcala to search the vehicle. In this case Officer Rand asked Alicia to search the vehicle and he said sure this shows that did not use police coercion, because he voluntarily answer and submitted. It would have been coercion if Alcala said “no” and then Rand started saying things like “you’ve got nothing to hide let me search the car”. So the consent was voluntary because Alcala was not coercion into allowing the search by Officer
Probable Cause In Criminal Law
171 Words | 1 Pages“Criminal law is a body of many laws emanating from many sources. Today, most American criminal law is a product of legislative enactment.” (Hall, 2015 p.34). Our criminal law is composed of statutes and ordinances. In order for a police officer to make an arrest the officer needs probable cause.
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