the country, which makes law enforcement 's job of enforcing the law a complicated process. Also, the amendment states that only due to a reasonable cause, a search and seizure shall be performed, and most of the times after obtaining a warrant. 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
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
Should casino gambling be prohibited? My standing on this topic is Yes, casino gambling should be prohibited. I believe that it should be prohibited because it has several negative effects. Casino gambling should be illegal as it increases criminal activity. It also has many financial flaws that can be a big problem for gamblers. Gambling causes many issues with people who dabble in casino gambling. Casinos and gambling brings in various crime cases into communities. Casinos raise crime rate when
Death penalty is the sentence of execution for a capital crime, which a capital crime depends of the country, it could be considered from a a murder or a homosexual act. This practice has been used it by hundred of years around the world. Currently, there are 58 countries that still have the death penalty, there are included the most industrialized like USA, Japan, China and Taiwan. For many years death penalty has been a topic for debate where people who support the practice, argument that with
The motive for Murder in Poe’s “The Cask of Amontillado” Edgar Allan Poe’s “The Cask of Amontillado” is an interesting story that revolves around the confession of a man, Montresor, to an unknown person. Montresor confesses how he murdered Fortunato. Like most of his works, Poe has used the first person narrative to address the readers directly. He has also addressed the theme of death. This notable subject is evident in most of his works such as “The Tale-A-Tell” and “The Black Cat.” While Montresor
A DBS check can check if a person has any of the following – unspent/spent convictions, cautions, a consideration status, suitability Information or prescribed Court Orders. Searching police records and, in relevant cases barred list information and then issuing a DBS certificate to the applicant can prevent potential danger. Information released on DBS certificates can be extremely sensitive and personal. Therefore, a code of practice for recipients of criminal record information has been developed
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
On 01/23/2016, at approximately 1428 hours, your affiant was on routine patrol travelling north on State Route 924 (North Main Street). Your affiant observed a black Subaru station wagon travelling south on State Route 924 approaching a steady red traffic signal located at the intersection of Main and Coal Streets. The operator of the Subaru continued through the intersection and travelled through the steady red light. Your affiant activated the emergency lights and conducted a vehicle stop on the
Can you imagine being pressured by your boss to find a way to arrest a suspect before the only evidence you had disappeared? That is exactly what happened to the police officers who scanned a suspect's home using a thermal imager. This suspect, who will further be referred to by his initials DLK, was suspected of growing marijuana plants in his home. When the police used this new form of technology to scan the suspect’s house, they found abnormal heat signatures coming from his windows and doors
The legality of the arrest/search of Professor Plum: Under the facts given in Professor Plum’s case the arrest and search of him are also valid. While conducting the stop, Officer Provenza smelled alcohol coming from Professor Plum’s breath. This gave the officer reason to conduct the breathalyzer test. The results showed that Professor Plum was a .16, double what the legal limit is. Under the rule of law, officers need Probable cause to make a warrantless arrest. Probable cause states that there
• 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
illegal searches and seizures. The amendment was one of the first ten, which made up the original bill of rights in the constitution. Many were added to it since then, but the first ten remain extremely important. Without the fourth amendment, America and its citizens could be subject to searches and seizures at any time. By law the constitution states that the fourth amendment is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures
fourth Amendment “the right of the people to be secure in their person against unreasonable searches and seizures…. but upon probable issue.” The Ex Post Facto “is kind law that is used after an act is committed to make it illegal even it was legal when done.” In the case of Weeks V US 232 U.S. 383 the supreme court addressed this issue. The Fourth Amendment “…protect citizens against warrantless searches of homes and papers and effects.” The officer Vidal has all right to arrest Kurt since he got
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
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.” To me, this means, in order for the American people to feel that they and their belongings are safe, only an official sworn into office
The 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
of the amendments is the fourth. The fourth amendment states that the people have a right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures and shall not be violated without a warrant issued upon probable cause. The fourth amendment prohibits unreasonable searches and seizures by the government and requires that search warrants need to be reviewed by the judge and a reason. There were many different ideas and changes to decide what the congress
1. The Fourth Amendment protects the fundamental of search and seizure. Which in this case, discusses the importance of obtaining physical evidence and how it is used. In other words, the Fourth Amendment can be violated if the evidence gathered has been obtained unreasonably. The court argued that it is an individual right to keep information private and are protected regardless of the place they are in. In addition, they also mentioned if citizens have an “expectation of privacy” and society recognizes
Recently, a federal court in Virginia ruled that the FBI doesn’t need a warrant to hack your computer. Their argument is that a defendant has no “reasonable expectation of privacy” about his personal computer. This gives the FBI the privilege to hack into anybody’s computer even if they don’t have probable cause. To understand I will talk about the event that led to this ruling. In 2014, the FBI seized control of the site Playpen. Playpen was a child pornography site. The FBI continued to operate
The Fourth Amendment to the United States Constitution prohibits the unlawful search and seizure of the personal residences of citizens, and also outlines the right to privacy that is awarded to citizens of the United States. 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