...Should the Legal requirements for obtaining a Search Warrant be changed? By: Leonard Douzart CRJU 3402 Valdosta State University Outline I. Introduction II. Main Body a) My background study on the legal requirements b) My proof of opinion on why it should be changed c) Comparisons from different people of why it should be changed d) The latest research of a warrant e) Factors influencing the decision of the legal requirements of why obtaining a search warrant should be changed III. Supporting Facts a) Data analysis b) Comparisons between why it should and shouldn’t be changed c) Research towards the legal requirements of search warrants IV. Conclusion a) An analytical summary of what my reasoning and fact is of obtaining a search warrant and should it be changed b) My thesis reworded to state the final paper Thesis Statement In this thesis statement we are going to explore the reasoning, should the legal requirements of obtaining a search warrant be changed. This is going to show you how it is all designed and many different examples of why it should be changed along with different cases that proves why it should be changed. The passage is going to demonstrate many sources and legal forms that result to this topic of study of why search warrants should be changed in this type of matter because to some citizens this seems to be a problem when going against their own rights. The most important...
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...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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...10/21/2012 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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...court system, up to the United States Supreme Court, was created to protect citizens rights. However, the courts have found, that under certain circumstances the government is capable of executing a search or seizure without a warrant as the Fourth Amendment so requires. This paper addresses exigent circumstances to search and seizure. Exigent Circumstances to Search and Seizure The Fourth Amendment to The Constitution of the United States The Constitution of the United States is the basic document that governs the citizens of the United States of America. The framers of the Constitution wrote it with deep emotions in response to how the American Colonies had been treated under the British Crown. The Fourth Amendment, in particular, to protect citizens from unreasonable search and seizure, was written in response to how the colonist had been subject to writs of assistance, which were warrants that British Customs Officers and soldiers wrote themselves to search colonist’s homes and offices (Hentoff, 2011). The Fourth Amendment of the Constitution of the United States is as follow: 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...
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...Gathering Data Research David Thompson CJA/334 Research Methods in Criminal Justice Dr. Lane Roos July 19, 2012 Gathering Data Research Prosecutions, Convictions, Acquittal’s and all forms of legal action in between play a critical role in the courts. However, none of what the attorneys do can be done without first having a firm grasp on each and every case set before them, the judge and the jury that will be making its judgment. But before they can make an informed decision there must have been a gathering of information, or data to support both sides of the case. The gathering of information or data is vital to the case and perhaps even more so to the individual/s that are on trial as their lives can and often do hang in the balance. No matter what profession one may have within the judicial system, researching information is something that at one time or another must be done. The ineffective of data gathering, research and analysis in often one of the primary factors behind an innocent man/woman going to jail and the guilty going free, therefore, the emphases placed on the gathering of information cannot and must not be understated. The goal of this paper The goal of this paper and my research is to define an officer’s duty, to discuss the importance of research and to address the kind of interview/s structures I would choose to use, the particular questioning style to use during the...
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...initially argued that a piece of paper could not act to protect individual freedoms, was because they felt there had to be a way to “oblige the government to control itself,” (Postell). There are many searches of colonists’ private homes and their inability to protect themselves from such intrusions by the British Crown led the Founders to pass the Fourth Amendment (Flex Your Rights Foundation). At its core, the Fourth Amendment protects the right of the people to be free from an absolute government intrusion and from a government that has run wild with its own power. The Fourth Amendment says (Findlaw): 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. People have a right to feel safe in their houses and property cannot be lost to government action simply because the government has the power. To protect people from government intrusion and its aggressive exercise of power, probable cause was and is now required before a warrant is granted (Findlaw). Americans have an absolute right to be safe from unreasonable searches and seizures, such as those conducted in countries where simply the way a person looks at a police officer is enough for the officer to arrest or torture them (Findlaw;...
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...States. Stop and frisk, automobile searches and border searches all fall within the guidelines of the Fourth Amendment. Discussed in this paper will be what reasonable searches, seizures and arrests are and how they are applied. Also to be discussed is whether probable cause is needed during warrantless searches and how the right to privacy is weighed. Finally, this paper will discuss how America’s borders are being protected by the Fourth Amendment, and what exceptions to the rule are necessary to protect America’s security interests. Stop-and-Frisk The definition of a “stop and frisk” is when the police temporarily detain a person and “pat down” their outer clothing if a law enforcement officer believes a suspect is armed and dangerous (Center for Public Education, 2015). For example, if a person is observed walking back and forth in front of jewelry store, meets another person around the corner from the store, and an officer observes one person handing the other person something which they put into their jacket. The officer can stop and frisk that suspect because they will have a reasonable suspicion that the suspects could be armed, and are possibly going to commit a crime. A frisk, by definition, is a type of search that requires an officer to have a lawful reason to stop and search (Center for Public Education, 2015). When an officer is going to frisk a person, it cannot be for any other reason than to look for and protect themselves from a person carrying a dangerous weapon...
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...intellectual property with him to his new employer (undoubtedly a Makestuff competitor). In particular, Mr. Andfirum is worried about the loss of the source code for “Product X,” which the company is counting on to earn millions in revenue over the next three years. Mr. Andfirum provides you a copy of the source code to use in your investigation. Lastly, Mr. Andfirum tells you to remember that the Company wants to retain the option to refer the investigation to law enforcement in the future, so anything you do should be with thought about later potential admissibility in court. The 4th Amendment to the U.S. Constitution 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 warrants shall issue, but upon probable cause, supported by oath or affirmation, and...
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...State of Minnesota V. Othoudt Research Paper Bradley Peters Applied Procedures / LAWE-2260 Professor Schwint 15 October, 2014 Introduction Under the Supreme Court’s decision in Minnesota V. Othoudt, law enforcement officers may not enter or conduct warrantless searches of residences, without consent. Moreover, the police may enter a dwelling, without a warrant, to make a felony arrest if they have probable cause and or exigent circumstances. In this case, if the circumstances of the accident scene had given Deputy Olmanson probable cause to arrest respondent for the offenses he was later charged with, those offenses were charged as misdemeanors (STATE V. OTHOUDT). As of this writing, neither the Minnesota Supreme Court nor the United States Supreme Court has ever held that exigent circumstances would permit a warrantless entry into a home to arrest for an offense of this level (State of Minnesota, Respondent, vs. James Howard Klein, 2014). Cases such as this one could possibly jeopardize the privacy protections offered by the Fourth Amendment and create the potential for abusive police practices (Cars, Cops, and Crooks: A Reexamination of Belton and Carroll ). An attempt to expound upon the effects of failing to obtain consent to make a warrantless search of a dwelling is explored. Case Brief: State v. Othoudt, 482 N.W.2d 218 (Minn. 1992) * STATEMENT OF THE CASE: This case is an appeal by the State of Minnesota of the trial courts findings of the state’s warrantless...
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...Running head: JUVENILE CRIME STATISTICS PAPER 1 Juvenile Crime Statistics Paper CJA/374 JUVENILE CRIME STATISTICS PAPER 2 Juvenile Crime Statistics Paper Introduction Juvenile crime statistics is truly misunderstood by today’s society. The general public pushes for harsher punishment when in reality juvenile crime rate has actually decreased. This paper will summarize the “Juvenile Arrests 2008”. This paper will further discuss the overall decrease in juvenile arrests, the increase in drug offenses and simple assaults, implications for juvenile females and members of ethnic and racial minorities, an increase in juvenile female arrests and a decrease in arrests for juvenile male offenders for violent crimes, as well as what assessment are used to track juvenile arrests in order to measure the amount of juvenile crime as well as its trends. The Overall Decrease in Juvenile Arrests Overall Review Data from 2008 shows that juvenile arrests for violent crime declined between 2006 and 2008. According to Puzzanchera (2009) “In 2008 there were 2.11 million juvenile arrests, which is 16% lower than the arrests in 1999” (p.3). In 2008 juvenile arrests for forcible rape was at an all time low since 1980, aggravated assault arrests were also at its lowest since 1988. However, juvenile arrests for murder were at its low in 2004, but increased from 2005 to 2007. Further, the Property Crime Index decreased by 20%, larceny-theft by 17%, murder by 5%, motor vehicle theft by 50%...
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...provision over the authority when exercising police discretion, they can arrest Americans for nonviolent drug charges with relative ease. The Supreme Court lets them do it by, and I quote, “eviscerating Fourth Amendment protections against unreasonable searches and seizures by the police.” Due to this, people are outright saying that there is a “virtual drug exception” in the Bill of Rights. What this means is that the Supreme Court is creating and abusing a section of the Bill of Rights that does not legally exist. Law does not restrict the police when it comes to the War on Drugs. The Fourth Amendment The Fourth Amendment is, “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,...
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...PEOPLE V. DORIA 301 SCRA 668 Facts: North Metropolitan District, Philippine National Police (PNP) Narcotics Command (Narcom), received information from two (2) civilian informants (CI) that one “Jun” was engaged in illegal drug activities in Mandaluyong City. The Narcom agents decided to entrap and arrest “Jun” in a buy-bust operation scheduled on December 5, 1995 at E. Jacinto Street in Mandaluyong City. On December 5, 1995, at 6:00 in the morning, P/Insp. Cortes designated PO3 Manlangit as the poseur-buyer and SPO1 Badua as his back-up, and the rest of the team as perimeter security. PO3 Manlangit set aside P1,600.00 as money for the buy-bust operation.. PO3 Manlangit marked the bills with his initials and listed their serial numbers in the police blotter. At 7:20 of the same morning, “Jun” appeared and the CI introduced PO3 Manlangit as interested in buying one (1) kilo of marijuana. PO3 Manlangit handed “Jun” the marked bills worth P1,600.00. “Jun” instructed PO3 Manlangit to wait for him at the corner of Shaw Boulevard and Jacinto Street while he got the marijuana from his associate. An hour later, “Jun” appeared at the agreed place where PO3 Manlangit, the CI and the rest of the team were waiting. “Jun” took out from his bag an object wrapped in plastic and gave it to PO3 Manlangit. PO3 Manlangit forthwith arrested “Jun” as SPO1 Badua rushed to help in the arrest. They frisked “Jun” but did not find the marked bills on him. Upon inquiry, “Jun” revealed that he...
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...the use of excessive force by U.S. police departments continue to generate headlines more than two decades after the 1992 Los Angeles riots brought the issue to mass public attention and spurred some law enforcement reforms. On Staten Island, N.Y., the July 2014 death of Eric Garner because of the apparent use of a “chokehold” by an officer sparked outrage. A month later in Ferguson, Mo., the fatal shooting of teenager Michael Brown by officer Darren Wilson ignited protests, and a grand jury’s decision not to indict Wilson triggered further unrest. In November, Tamir Rice was shot by police in Cleveland, Ohio. He was 12 years old and playing with a toy pistol. On April 4, 2015, Walter L. Scott was shot by a police officer after a routine traffic stop in North Charleston, S.C. The same month, Freddie Gray died while in police custody in Baltimore, setting off widespread unrest. The policeman in the South Carolina case, Michael T. Slager, was charged with murder based on a cellphone video. In Baltimore, the driver of the police van in which Gray died, Caesar Goodson, was charged with second-degree murder, with lesser charges for five other officers. There have been no indictments in the earlier cases. These follow other recent incidents and controversies, including an April 2014 finding by the U.S. Department of Justice (DOJ), following a two-year investigation, that the Albuquerque, N.M., police department “engages in a pattern or practice of use of excessive force, including...
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...arrested by the police, they do so by: A. a. notifying by memo the judge who, if the case goes to trial, will probably preside. B. b. notifying by memo the lawyer representing the accused. C. c. filing a complaint, information, or indictment with the court. D. d. notifying the accused by letter. Answer Key: C Question 2 of 20 5.0 Points In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer: A. a. without unreasonable delay, under all the circumstances. B. b. within 36 hours of arrest, ordinarily. C. c. within 48 hours of arrest, ordinarily. D. d. within 24 hours of arrest, ordinarily. Answer Key: C Question 3 of 20 5.0 Points Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney: A. a. by the police at time of arrest. B. b. by a magistrate at the first appearance. C. c. by a judge at the preliminary hearing. D. d. by a judge at trial. Answer Key: B Question 4 of 20 5.0 Points According to the Supreme Court opinion in U.S. v. Salerno, involving the detention prior to trial of defendants due to the threat they posed...
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...Data Collection and Surveillance Andrew John Martin UNCW Computer Science Department Abstract The purpose of the research is to see if the mass collection and surveillance of U.S citizens legal and ethical. The goal is to have a better understanding of the how data is collected, and the what the Fourth Amendment means. This is done by examining several aspects of the Fourth Amendment, and recent articles on the NSA. Upon examination, it becomes clear that the NSA is indeed breaching the rights of lawful U.S citizens. Through showing that the Fourth Amendment protects the U.S citizens against such actions. Key Words: NSA, Fourth, Amendment, warrant, PRISM, Edward, Snowden. The NSA collects millions of American phone, internet, and personal information. They do this by using a system call PRISM which allows them to collect this data through several different internet websites. However, many believe this is in complete violation of the Fourth Amendment which protects against unwarranted searches and seizures. The Fourth Amendment of the U.S. Constitution provides, "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." The ultimate goal of this provision is to protect people’s...
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