...Exigent Circumstances to Search and Seizure The Fourth Amendment to The Constitution of the United States Kirk H. Andersen Park University July 2012 Abstract One of the greatest rights the Founding Fathers of the United States of America gave to its citizens was the right against unreasonable search and seizure. This right is guaranteed under the Fourth Amendment of the Constitution of the United States. When this right is abridged by the government, what recourse does the citizen have to try and right this wrong? The appellate 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...
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...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 search and entry...
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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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...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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...Amendment: Search and Seizure Erek Anderson, Rachel Coen, Lawana Garfias, Malerie Gomez, Nicholas Tellez & Sara Ungerer CJA/364 February 16, 2015 Instructor: Bobby Kemp Search and Seizure Search and seizures are highly debated topics in the United 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...
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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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...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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...Supreme Court of the United States David Leon RILEY, Petitioner v. CALIFORNIA. United States, Petitioner v. Brima Wurie. Nos. 13–132, 13–212. Argued April 29, 2014. Decided June 25, 2014. Background: In two cases consolidated for appeal, first defendant was convicted by a jury in the Superior Court, San Diego County, Laura W. Halgren, J., of various crimes related to drive-by shooting, and he appealed based on his challenge to evidence found during police officers' warrantless search of data stored on his cell phone. The California Court of Appeal, 2013 WL 475242,[->0] affirmed. Second defendant was charged with drug- and weapon-related crimes, and the United States District Court for the District of Massachusetts, Stearns, J., 612 F.Supp.2d 104,[->1] denied his motion to suppress evidence found during warrantless search of data stored on his cell phone, and defendant appealed. The United States Court of Appeals for the First Circuit, Stahl, Circuit Judge, 728 F.3d 1,[->2] reversed. Certiorari was granted. Holdings: The Supreme Court, Chief Justice Roberts[->3], held that: (1) interest in protecting officers' safety did not justify dispensing with warrant requirement for searches of cell phone data, and (2) interest in preventing destruction of evidence did not justify dispensing with warrant requirement for searches of cell phone data. Judgment of California Court of Appeal reversed and remanded, and judgment of First Circuit affirmed. Justice Alito...
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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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...the collection of a defendant’s DNA upon arrests under the Fourth Amendment, the Minister of Justice, Peter MacKay indicated in an interview with the Globe and Mail that he and his Ministry are considering a similar model for Canada. This paper examines the possibility of a similar legislative framework in Canada and argues that although collection of DNA upon arrests was found justified under the Fourth Amendment, it does not necessarily mean that it will be found justified under the Canadian Charter of Rights and Freedoms. While s.8 of the Charter seems to give similar protection as the Fourth Amendment, they have very different requirements for judicial authorization, reasonableness and standard of “probable cause”. Scrutinizing those different requirements and standards, this paper holds that the process of DNA collection is highly intrusive and would be a serious violation of s.8 of the Charter as it could reveal an excessive amount of private information about an individual over which he/she has a strong reasonable expectation of privacy. Furthermore, it will deprive people from their right to be presumed innocent, which is protected under s.11 (d) and significantly impact socially marginalized groups. Finally, this paper conducts an analysis of the violations under s.1 of the Charter and indicates that none of the violations can be justified in a free and democratic society. INTRODUCTION: In a recent judgment, the Supreme Court of the United States approved...
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...Jay Schumacher 301083363 July 24 2012 ASSIGNMENT 2 CMNS 261 - Documentary Research in Communication Course Authour: Donald Gutstein Course Tutor Marker: Vincent Andrisani Policy document Research and Analysis Canada. Access to Information Review Task Force. (2002, June). Access to Information: Making it Work for Canadians. Page 2 Policy document Research and Analysis Canada. Access to Information Review Task Force. Overview: The decision to implement an Access to Information Act (ATIA) in Canada was a process initiated in the early 1970s and only in 1982 was a workable law established in this country. Through many years, the preliminary actions were taken by a few and only after the government officially decided to develop the law, was a real concerted effort expended on the Access To Information Act (ATIA). Heralded as an example to be followed, it has been many years since the law was amended to keep up with the times of the changing face of information access. As a result the Canadian act has languished for many years with a constant whittling away at the right to access culminating with the current outcry that the law must be made more workable. This is a brief search of the actions that have been taken and their results. Historical aspects of Access to Information in Canada: The existing Access to Information Act (ATIA) as passed by the Federal Parliament in 1982, and was enacted in1983 after years of attempts...
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...James Thomas, Senator for the State of Oklahoma To the Congress of the United States of America: When our Constitution was first drafted the Founding Fathers argued long and hard about the inclusion of a Bill of Rights .The key reason the Founders finally united and agreed to pass a Bill of Rights, even though the Federalists had 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...
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...and Latin America despite their nothing to do with 9/11 and their path to United States citizenship ("Six Ways Our Lives Changed Forever Because Of 9/11."). The FISA Amendments Act of 2008 allowed the Foreign Intelligence Davis 3 Surveillance Court to authorize warrantless surveillance of Americans' international electronic communications. In this new act, the government can intercept Americans' international communications without a warrant as long as one party to the communication is "reasonably believed" to be outside the United States ("Chart: How 9/11 Changed the Law."). Later years brought the release of the Post 9/11 G.I. Bill, which gave educational funding to soldiers and the James Zadroga 9/11 Health and Compensation Act of 2010, which provided $4.2 billion for the health of those who worked at Ground Zero during and after the attacks ("9/11 to Now: Ways We Have Changed."). The USA Patriot Act of 2001, authorized the "sneak peak" searches. A sneak and peak search warrant allows the government to search your house and not have to tell you about it until months later. US Customs and Border Protection and Department of Homeland Security Policy changed from saying that a government official could read any paper work, documents, computer information, cell phone only if they see suspicion of them doing anything wrong. But now, the policy says that they are able to check it whenever they want even if they don't look suspicious of any wrongdoings ("Chart: How 9/11 Changed...
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...interested in the case. Without significant 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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...Notes For Criminal Justice (Unit 1) Muse: What lies ahead for the criminal justice system? We cannot say for sure. Some of the coming changes are now discernible. A few of the more obvious changes include: 1. a restructuring of the juvenile justice system due to increasing violent juvenile crime and youth gang warfare; 2. the increased bankruptcy of a “war against drugs” whose promises seem increasingly hollow; 3. a growing recognition of America’s international role as both victim and purveyor of worldwide criminal activity; and 4. The rapid emergence of cyber-crimes, which both employ high technology in the commission and target the fruits of such technology. Drugs and Crime The relationship between drugs and crime rests on the concept of drug abuse. Drug abuse is illicit drug use that results in physiological, social, psychological or legal problems for the user. A drug is any chemical substance defined by social convention as bioactive or psychoactive. A psychoactive substance is a chemical substance that affects cognition, feeling, or awareness. Most drug users are recreational drug users, using drugs relatively infrequently and primarily with friends and in social contexts that define drug use as pleasurable. Most addicts begin as recreational users. Drug crimes fall into two categories: 1. the use, possession, distribution and sale of illegal drugs and the offenses committed either under the influence of drugs or surrounding the growing, making...
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