...Search Warrants & Probable Cause Dale Langston American Intercontinental University Abstract This paper examines the many factors of search warrants it will examine the process by which a search warrant may be applied for and issued, focusing on the requirements of the Fourth Amendment. This paper will also describe probable cause and the standard by which the cause is fulfilled. In addition, it will describe and discuss at least two forms of searches that do not need a warrant. Also discussed in the study is warrant less searches, if the reasons are compelling, and if all requests require probable cause exists or exceptions. Search Warrants & Probable Cause Search warrants are issued when there is probable cause and it needs one. If a police officer was to walk into your household and search it without consent or a search warrant, they not only get into trouble, but what they might find could be thrown out at the hearing and does not count against you. Occasionally there are even searches that will not involve a search warrant which means whatever they do discovery can become trouble for you as well as can be used alongside you in court. Under the Fourth Amendment, to law enforcement or anyone else in this field, individuals need be safe in their households and in their individuals against arbitrary searches and seizures (Schmalleger, 2012). Fourth Amendment states: "The right of the people to have protection of their persons, houses, papers, and effects...
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...Week 2 Project 1: Analyze a Search Warrant Review the affidavit and search warrant for the search of a computer suspected to be evidence in a crime (provided by your instructor), and answer the following questions: 1. What is the affidavit asking the judge to authorize (specifically)? The affidavit is asking the judge to authorize the search of Mr. Yup I. Didit’s Dell Precision T3500 desktop computer, black in color, serial number 5V678QR, containing Electronic Media Storage (e.g., hard drive(s)) and four (4) Memorex recordable compact discs currently located at the Kansas State Highway Patrol Evidence Room, 122 SW 7th, Topeka, KS 66603. 2. What was good about this affidavit? What, if anything, could have been done to strengthen this affidavit? The affidavit itself is very specific about what is to be searched – the computer and the additional four CDs. As well as what information they are looking for. To make this affidavit stronger they should have included going to the residence of Mr. Didit’s to look for additional storage media that could contain evidence of the crime. 3. If you are the forensic examiner in this case, and this warrant was given to you with Mr. Didit's seized desktop and removable media, what do you have the authority to search? For what do you have the authority to search? You have the authority to search the entire desktop and removable media. You are looking for any data or information (including but not limited to files, folders, emails...
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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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...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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...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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...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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...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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...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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...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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...Warrant Search: The 4th amendment of the constitution states, that police often need a search warrant to conduct a proper search. Here, Officer Vic did not have a search warrant but as stated before, that did not matter seeing as though he had reasonable suspicion and probable cause that a crime was taken place. (He overheard the city councilman about being robbed, he was informed by the manager about a stolen credit card and he had surveillance of the scene). • Probable cause: Before probable cause can be upheld, first, a police officer must have probable cause to enter a room, with or without a warrant. The initial focus on the room (Edena) is due to Councilman Cid saying he was robbed by an escort. Here, Cid indicated his knowledge was...
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...Jennifer Springer BUSN201 Business Law - Final Paper Do Police Need a Warrant to Search Property On February 15, 2014 the Supreme Court ruled it would honor the Fourth Amendment’s warrant requirement when one cotenant refuses a warrantless search prior to being arrested, and then police receiving consent by the other cotenant to search the property. If a person’s health and safety are threatened by a domestic abuser, exigent circumstances would justify immediate removal of the abuser from the premises. Domestic abuse is indeed a serious problem in the United States, appropriate policy responses to this scourge may include fostering effective counseling, providing public information about, and ready access to, protective orders, and enforcing such orders diligently. Although in some cases a warrantless search would be unconstitutional, Police would need to know the difference when a warrant is required. I believe that a warrantless search by police is constitutional and meets the reasonableness of the IV Amendment, as long as one present cotenant gives consent and there is probable cause. A warrantless search can help minimize criminal activity. As well as help those in domestic disputes and or child abuse situations. There have been many cases that have involved warrantless search cases over the years. Starting with Amos v. United States (1921), Amos was indictment for six counts. Not guilty on the first four counts, but guilty on the fifth, charging him with having...
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...The criminal justice system has two sets of underlying values which are Due Process an Crime Control. Due process values focus on the right of individual while crime control values stress the punishment and repression of criminal conduct. The competing nature of these two value systems is often evident in nation’s court. Due process primary concern of early American court is to protect the right of an individual against the power of the state. The fifth and fourteenth amendments states that no person should be deprive of life, liberty, or property without due process of the law. The due process basically requires that the government should act fairly to people. This means, it is not advisable for the government to rely on individual judgment and impulse when making decisions, but must stay within the boundaries reason and the law. Disagreements as to the meaning of these provisions have overwhelmed courts, politicians, and citizens since this nation was founded and may undoubtedly continue to do so. To properly understand due process, there are two types to be considered; procedural due process and substantive due process. Procedural due process states, the law must be carried out by a method that is fair and orderly. It requires certain procedure be followed in administering and executing a law so that an individual’s basic freedoms are never violated. An example of this is the United States Supreme Court that requires schools to follow certain procedures before...
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