...Describe the type of search the framers of the Constitution prohibited through the Fourth Amendment. Searches that were prohibited through the Fourth Amendment were, general warrant and searches, multiple specific warrants, nocturnal searches and no-knock entries that were considered unreasonable (pp.739.50, Cuddily, William). General warrant was the “preponderant behind the 4th amendment”, (Cuddily, William, p.771), According to Cuddihy he argued that these warrants were considered unreasonable. General warrants were used just because officers may disapprove or did not like you. Anyone that they wanted to target this type of warrants were used whenever they felted necessary. Nocturnal Searches and No-Knock Entries like general warrant these...
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...The changing legal idea about computers is that its a trend forcing police to change the way that they investigate crimes and obtain search warrants. A computer or personal electronic device can no longer be seen as just a thing, it should be viewed as a place said Mr. Justice Thomas Heeney. Recent case laws holds that because a computer can contain such huge amounts of personal information, it should be regarded as a place. Mr. Rafferty's laptop was essentially warrant-less and so had violated his Charter of Rights against unreasonable search and seizure. This precedent stemmed from another high profile murder case in 2007 which was a Markham salesman killing his estranged wife and another woman. His cell phone was going to be examined for trace evidence of blood splatter, but the scrutiny of its contents inside needed a second warrant. The plain view principle could not be applied in this case. That simply involves common sense because none of the contents in the computers were in plain view. Two other legal skirmishes that the jury never heard about were 1- several inconsistencies in various statements made by witnesses and 2- The inconsistency in Ms. Mcclintics initial claim of Rafferty being the one to smash Tori's skull, and later she said that she wielded the murder weapon. They also missed the episode in the court room when two people tried to snap pictures of Rafferty which is extremely illegal in a court room. I do not believe in the fact that evidence should be...
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...Foundations of the Criminal Justice System Search Warrant Issue Process and Fourth Amendment Requirements The Search Warrant is known as an order being written and issued from the officials of the court. The warrant bestows the officer full authority to find a person at a particular place while looking for particular objects and to take possession if objects are found with the person. As per the criminal court, the constitution of a specific state can be the basis on which search warrants can be sought. Search Warrants objects comprises of commission of crimes along with stolen goods and other things such as black marketing, narcotics and smuggling. A proper check between the judicial along with the legislative government branches exist in the form of the Constitution belonging to the US. The US constitution fourth amendment safeguards people from irrational searches and from their valuables being taken away through legal process. Under this amendment a search warrant is issued only once it’s determined with surety that a crime is committed by a particular individual. The fourth amendment makes it essential to prohibit evidence in the form of trial being taken from illegal searches being made without verifying an authentic warrant (The Fourth Amendment Warrant Requirement, 2008). Searches without Warrants 1. Lawful Arrest Search Incident The lawful arrest search incident is not restrictive to the issuance of a warrant. This means that if a person gets lawfully...
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...program which will consist of the subject relevant to search warrants, forth variation, potential cause, reasoning relevant to warrantless queries, etc. This important process is to give 30 authorities the information relevant to the types of queries and warrant searches. A warrant is somewhat of an authorization slip. It grants officers permission to search a particular place or area at a particular time and seize particular items. For example, if investigators from the local division believe you're engaged in trafficking or distributing cannabis out of your place of residency, they may ask a judge or magistrate for a warrant permitting them to search the residency and remove any drugs they find. The 4th Amendment states that queries must be reasonable and specific. A few of the warrant-less queries are approval queries, queries occurrence to arrest, queries during an investigative detention, vehicle queries, management queries, boat queries, boundary queries, and plain view queries.(Criminal Rights, 2008). The authorities can only look in the place described in a warrant and usually can only take the exact assets that are described in the warrant. The authorities cannot search for a home if the warrant identifies the lawn, nor can they search for weaponry if the warrant identifies cannabis vegetation. However, this does not mean that authorities can only take those products detailed in the warrant. If, in the course of their query, law enforcement...
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...Minnesota Verse Riff Barbra Guardado, Aaron Gomez, William Minnick CJA/304 February 5, 2013 Chad Louie The police report is a type of written communication that is in this case. The police report gives a detailed account of what the officer has found at the scene of a crime along with statements from the victim and witnesses. Which leads to the next type of communication of a witness statement is a statement put in writing of the alleged crime that a person had witnessed. Search warrant is a court order filled out by an officer in order to gain legal consent to search the person and property of a person who is being suspected in a crime. The search warrant must include everything that is to be searched and address of the residence. Also must be signed reviewed and signed by a judge. The prosecutions and defenses list is a list composed of witnesses that each side will call to help support each side of the case, and give testimony for the jury of what they believe took place. On the oral communications side will be the case summery in which both the prosecution and defense will put together a summary of the way they believe all event in the case took place. The judge will then give their instructions to both the prosecution and defense must adhere to the rules the judge will set forth. The judge will also make sure that no rules will be broken and the suspect will have a fair trial. Next will be the opening statements both sides will give to the court and jury to hear...
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...Katisha Howard Abstract There are different types of search warrants. In this presentation I will talk about the different types of search warrants. Also I will discuss the process of the search warrant how it is sought and issued. I also will talk about what is probable cause. As well as the standards that is met by probable cause. A search warrant is a court order that allows a law enforcement agency to search your home, car, or the office for evidence. It must state what they are allowed to search in home, car and so forth on and what they are looking for according to http://answers.ask.com/reference/other/what_is_a_search. To get a search warrant the officer must persuade a judge that they have probable cause to believe they will find evidence of criminal activity in the placed to be search. The officer do this through an affidavit, which is an oral or written statement made under oath according to the link http://www.streetlaw.org/en/page/340/search_warrants_what_Are_They_and_How_Do_They_Work. In the report the officer only identify the placed to be search and items that are to be seized. If a judge believes the officer provided probable cause, the judge will then issue the search warrant. If the judge does not believe the officer provided probable cause the warrant will not be issued. The following link has an example of a case where a search was conducted http://sandarose.com/2012/05/officer-arrested-for-obstructing-search-at-girlfriends-residence-2 weeks- after-his-wife-was-attacked-and...
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... DATE: December 3, 2005 RE: Office Memo on David Harrison’s Plain View Doctrine Case I. FACTS On July 30, 2004, the home of David Harrison was searched by two federal officers pursuant to a valid search warrant regarding his son, Joseph Harrison. The officers explained to Mr. Harrison that they had information linking Joseph, who also lives at the residence, to a drug trafficking operation. The search warrant specified that the officers could search Mr. Harrison's entire home, including the garage and any outdoor structures on his property, for any evidence of drug paraphernalia. In addition, the officers were permitted to seize such evidence under the search warrant. Mr. Harrison allowed the officers into his home to begin their search. Mr. Harrison's wife, Janine, was also at home while the officers searched the property. Joseph Harrison was not at home during the search. Mr. Harrison and his wife followed the officers through their home while the officers conducted the search. One of the officers searched the upstairs of Mr. Harrison's home while the other officer searched in Mr. Harrison's basement. While searching in the basement, the officer noticed three cardboard boxes on the basement floor. One of the boxes was open and the officer noticed that it contained...
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...paper it discusses the probes by which a search warrant is sought and issued, who issues and what is needed to issue it. Also discusses how the warrants are issued through the Fourth Amendment and why. Discusses Probable cause and what it is and the reason why it’s called probable cause. Talks about search less warrants and gives examples of several. The rationale for allowing warrantless searches. Also the rights that an officer has during a search and why. Items or rooms that may need an additional warrant. Criminal Justice Unit 3 The process by which a search warrant is sought and issued, in law search warrant is a written order by an official of a court. The warrant gives an authorization to an officer to search a person in a specific place for specified objects and to confiscate them if found. Under criminal code, a search warrant can be sought according to the constitution of a particular state. The objects required for a warrant may be stolen goods or physical evidence of the commission of a crime. (For example) Narcotics Smuggling, and Black Marketing. (Law Teacher.net) The constitution of the United States provides system of checks and balance among the legislative and judicial branches of government (The Fourth Amendment warrant requirement, 208). The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and taking possession by legal process. It also states that a search warrant may be issued only by pledge or affirmation...
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...on the door as well. A woman who was the renter of the room proceeded to answer the door, as well as giving both officers entry into the motel room. The officer’s heard a toilet flush and immediately seen the 2 men leave the bathroom, both having a look of nervousness upon their faces. The officers proceeded to the bathroom, where several pills were seen in plain view, around the toilet on the floor. Both men were arrested. According to the plain view doctrine, the officers had consent to enter the premises, and observed in plain view, several pills that were projected to be the illegal pill called ecstasy. Later on, 4 baggies of Ecstasy pills were retrieved from the bathroom plumbing. Depending on whether the officer’s obtained a search warrant to retrieve the baggies...
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...fourth amendment. The first exception is the search incident to lawful arrest. It states that if someone is lawfully arrested the police can search the person and the surrounding area. The second exception to the amendment is the plain view exception, which states that if an officer see’s something in plain view that is breaking the law that can seize whatever is breaking the law and places you under arrest. Like if your growing marijuana plants in your backyard and an officer looks over your fence and see’s it he can seize the plants and put you under arrest. The third exception is consent, which is given by a person reasonably believed by an officer to have authority. So, if a suspect’s "significant other" provides police with a key to the suspect’s apartment, and police reasonably believe that she lives there. The fourth exception is stop and frisk, the evidence necessary for “reasonable suspicion” here is something beyond mere suspicion, but is less than the level required for probable cause. The fifth exception is the automotive exception. A warrant is not required to search vehicles if police have probable cause to believe the vehicle contains evidence of a crime, the instrumentalities of crime, contraband, or the fruits of a crime. The sixth and final exception is emergencies or hot pursuit. Evidence that can be easily moved, destroyed or otherwise made to disappear before a warrant can be issued may be seized without a warrant. Furthermore, if a suspect enters private property...
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...investigators identify, extract, preserve and document computer and other digital evidence. This new field is less than fifteen years old, and is rapidly evolving. Education in this field has focused largely on its technical aspects. However, there are significant legal issues and ethical problems that investigators must deal with. Failure to follow proper legal procedure will result in evidence being ruled inadmissible in court. As a result, a guilty criminal might go free. Failure to behave in an ethical manner will erode public confidence in law enforcement, making its job more difficult and less effective. Investigators must have a working knowledge of legal issues involved in computer forensics. They must know what constitutes a legal search of a stand-alone computer as opposed to a network; what laws govern obtaining evidence and securing it so that the chain of evidence is not compromised; what telecommunications may lawfully be intercepted or examined after they have been received; what legally protected privacy rights employees and other individuals possess. Because computer forensics is such a new field, investigative and legal norms are just now emerging. Little has been written about the legal requirements for admissibility of computer forensic evidence, or about the ethical and regulatory issues related to this new field. First we will examine the admissibility of evidence in a criminal prosecution,...
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...preparation of the curriculum for an upcoming two week program, which will focus on various types of searches authorized by federal law, and what is legally necessary to support these searches. Also, the process by which a search warrant is sought and issued pertaining to the Fourth Amendment Requirements. Finally, The author will define probable cause and the standard by which probable cause is met. Finally the author describes the rationale for allowing warrantless searches. This paper is informative and professionally cited. ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Process by which a search warrant is sought and issued ------------------------------------------------- According to the law, a search warrant is an order written and signed by a specific court that gives authorization to law-enforcement officers to conduct a search, seizure, or arrest of a specific person, at a specific location for a specific item. When Law enforcement officers violate an individual’s constitutional rights under the Fourth Amendment and don’t have the proper legal documentation these search and seizure and arrests are invalid. Furthermore, any evidence seized will be suppressed from any criminal case against that individual whose rights were...
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...to the extent that such work has been cited and acknowledged within the text of my work. Student Name: Nicoletta Hodyas Student Number: 13383056 Date: 20/04/2015 Student Signature: Nicoletta Hodyas Assignment title: ‘A majority of the Group is of the view that the current exclusionary rule is too strictly calibrated, and would wish to see a situation develop where the court would have a discretion to admit the evidence or not, having regard to the totality of the circumstances and in particular the rights of the victim’ (Balance in the Criminal Law Review Group, 2007: 161). Word count without bibliography: 1997. Introduction. This essay will analyze the exclusionary rule, focusing on its development mainly in Irish law. It will examine the development of the rule providing the arguments for an urgent change and analyze the Gardaí improvements in accountability. Finally, it focuses on the most recent Supreme Court decision in DPP v. JC [1], which overturned decision in People (DPP) v. Kenny[2]. Exclusionary rule allows evidence that was obtained through deliberate and conscious breach of accused’s constitutional rights to be excluded in the case, unless extraordinary circumstances appear. The rule prohibits all evidence unconstitutionally obtained regardless of the relevance of the evidence. There is also a requirement of a causative link between the breach of the right and obtaining the evidence [3]. Background. The first Irish leading case raising the issue of exclusionary...
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...Supreme Court uses its power of judicial review to decide if laws by the executive branch and legislative branch are constitutional. The U.S. Supreme Court also uses its power of judicial review to analyze various lower court decisions for the appropriate application of inherent constitutional rights. This news article analysis will discuss the requirements for search warrants, arrest warrants, and warrant exceptions in relation to probable cause under the Fourth Amendment. In a news article from the Wall Street Journal published on April 15, 2013, The U.S. Supreme Court decides to review the Maryland Supreme Court’s decision on the Maryland v. King case. The case involves a state law, known as the Maryland’s DNA Collection Act (DNA Act) that grants police with the power to obtain DNA samples from arrestees of violent crimes before a trial is given (Bravin, 2013). “In 2009, Alonzo Jay King, Jr. was arrested in Maryland on first- and second-degree assault charges” (Cowen & Park, 2013, para. 3). The police detectives obtained King’s DNA sample when he was in custody at the police station. Four months later the police detectives received a positive match linking King’s DNA to a rape case in 2003. Using the positive match as evidence of probable cause the detectives received a search warrant to obtain a second DNA sample from King (Cowen & Park, 2013). The second DNA sample was a positive match also. After a criminal trial, King was sentenced to life...
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...Running Head: Exclusionary Rule Evaluation 1 Exclusionary Rule Evaluation Paper University of Phoenix CJA 364 Abstract The following paper will analyze the rationale and purpose of the exclusionary rule and identify exceptions to the exclusionary rule. In this analysis, it will state the costs and benefits of the exclusionary rule, as well as alternative remedies to the rule. The author will state their position on the exclusionary rule and provide support for their position. The author will also include support from two peer reviewed sources. The Fourth Amendment to The Constitution of the United States reads: "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 Warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." (The Exclusionary Rule. (n.d.). Retrieved May 24, 2015) the exclusionary rule prevents government from using evidence that is retrieved in violation of the United States Constitution. This rule was made as a deterrent to law enforcement to prevent further unlawful searches and seizure from continuing to happen. The exclusionary rule was created for court purposes it is not an independent constitutional right. The...
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