search and/or arrest warrant is required and when it is not. The Fourth Amendment protects citizens from unreasonable government searches and seizures of their persons, houses, and effects. It states no warrants shall be issued unless there is probable cause, supported by oath or affirmation, and specifically describes the place to be searched and the person or things to be seized. However, both the U.S. Supreme Court and federal courts have specified limited exceptions to the Fourth Amendment search
Words: 1796 - Pages: 8
searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This basically means that it is a direct violation of citizen’s Fourth Amendment to be arrested or searched without probable cause. The key term in this entire phrase is with probable cause. If there is no reason for it then it is otherwise deemed unreasonable. The first clause
Words: 2463 - Pages: 10
Mapp V.Ohio in 1961 this case was brought to the US. Supreme Court. This Case took place in Cleveland Ohio when several police officers forces their way into map house without a search warrant. This case changed the system by forming the exclusionary rule. The police suspected that Mapp was harboring a bomber and demanded entry into her house. The police officers went to her house ask for permission to enter, she said no she wanted to see a search warrant. She also called her lawyer and still refuses
Words: 598 - Pages: 3
course is an introductory overview of the organization and jurisdictions of local, state, and federal law enforcement, judicial and corrections agencies, and processes involved in the criminal justice systems. It examines the historical aspects of the police, the courts, and the correctional system, as well as the philosophy. Additionally, career opportunities and qualifying requirements, terminology and constitutional limitations of the system will also be covered. Policies Faculty and students/learners
Words: 3730 - Pages: 15
should not have the right to search someone without a warrant at all no questions asked. They should stick to what the Constitution strictly says. The fourth amendment should strongly be supported, because of privacy, warrant requirements, and the police searching a suspect’s phone without a warrant. U.S. citizens should definitely be able to have privacy from the government, because Mitt Romney and Rick Perry competed to see who could search and find “illegals” more frequently.(Jonah Engle,2011)
Words: 511 - Pages: 3
to a bombing suspect named Virgil Ogletree. The police had heard from an anonymous tip that Ogletree might be hiding out within Mapp’s home. The police soon showed up, knocked, and asked if they could search the house. Mapp being somewhat aware of her rights refused entry to the police. They returned in greater numbers, forcibly entered the home, conducted a search and found Ogletree who was eventually cleared of all charges. However, the police did come across what is noted as “obscene material”
Words: 737 - Pages: 3
4-5 pg 129 Issue: Is Amtrak negligent? What was the proximate cause of the
Words: 517 - Pages: 3
Yourprop’s supervisor direct local police investigators to search his personal vehicle which is parked on the Company parking lot? Support your answer. Yes, if there is evidence of theft of intellectual property found Makestuff Company can see criminal prosecution. The fourth amendment protects the people’s right to be secure on their person, houses papers and private property against UNREASONALBE SEARCHES and in order for police to take action to conduct In order for police to search property they must
Words: 891 - Pages: 4
Dear Friend, I am writing to answer your questions. The failure to Mirandize you will not result in dismissal of your case. The police are not required to Mirandize you until before you are interrogated. Once you were taken into custody and before you are questioned they must provide you with the Miranda warnings. In order to have your case dismissed on the grounds of failure to Mirandize, the court would have to find that your Miranda rights were violated. Any evidence obtained from your statements
Words: 1340 - Pages: 6
Criminal Law in Action Final Project: Arson Michigan v. Tyler, 436 U.S. 499 Arson: Michigan v. Tyler, 436 U.S. 499 Michigan v. Tyler was decided in 1978. This was the first arson case to go to the Supreme Court. Only a few defense attorneys read the case briefs which made the fire investigator’s job easier. Before this decision search warrant at a fire was unheard of. Loren Tyler and Robert Tompkins leased a furniture store, Tyler’s Action, in Oakland County, Michigan. On January 21st
Words: 1895 - Pages: 8
