a warrant if found guilty of violating seatbelt laws. In this case petitioner Atwater was pulled over by Lago Vista police officer Bart Turek for failing to safely restraint her 3 year old son and 5 year old daughter in the front seat. During Atwater’s traffic stop she failed to provide a driver’s license and insurance documentation she was then arrested and taken to the local police station. After
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a crime committed and who needs to be arrested. Then you have the Arrest and that’s when the accused is taken into custody by law enforcement. And that can happen in two ways: 1) law enforcement arrives on the scene and decides that there is probable cause to make an arrest and the officer can take the person into custody immediately, 2) the officer makes an arrest because he has a warrant for the individual. Then you have the Initial Appearance that usually happens following the arrest, the accused
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that deal with the following areas. Like the Societal implications of the USA PATRIOT law and similar legislation limiting daily behaviors. Next are the worries associated to race, ethnicity, sexual orientation, age, and beliefs as they identify with police agencies and security services. After that are the effect with technology and globalization and the balance of individual rights against public safety. Another is the influence of domestic and international terrorism about federal agencies also private
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A. Assuming Officer Jones only had the information set forth in paragraphs #1 through #4 would he have probable cause for a search warrant? Why or why not? Paragraph #1 through #4 do not provide enough probable cause for a warrant. Paragraph #1 through #4 provide information from the anonymous tip and from the informant. The only other information provided is the background of Officer A. Jones as a law enforcement officer. When reviewing Illinois Vs Gates, and the “Totality of the Circumstances
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information was sent off of. This is what happened in the case of John Wellman. Mr. Wellman was accused of possessing electronic images of child pornography. In cases such as this it can be argued by the accused that investigators do not have probable cause to obtain a search warrant. In cases involving cyberspace if information is found to be illegal activity then it can be a search and a seizure of and for such property and the individual. Searches by off duty officers Searches that are
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The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. These
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In clause 39 of the Magna Carta, John of England said, “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.” Many a times, people have been wrongfully accused of crimes they did not commit and have faced unfair trials. The composers of the Constitution have
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United States V. Sokolow 490 U.S. 1 (1989) Legal History: Respondent Andrew Sukolow was stopped by the Drug Enforcement Administration (DEA) agents at his arrival at Honolulu Airport, where agents discovered 1063 grams of cocaine in his carry-on luggage. When agents stopped Sukolow, they had knowledge that he paid 2,100 for 2 plane tickets from a roll of twenty dollar bills, he had traveled under a name which didn’t match in accordance with telephone number listed, and his original intended location
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general public with their privacy. The 4th amendment states “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.” [1] The fourth amendment limits “unreasonable searches and seizures”. It protects business properties
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So, you lead a clean and healthy life, but you were pulled over by a police officer and drugs were found in your car? Maybe you had friends in the car at the time and none would fess up that the drugs they threw on the floor were theirs when found during a vehicle search, or maybe there was no one else in the car at the time but a friend you had given a ride in the past dropped them. No matter how the drugs got there, you can legally be held responsible for having the drugs in your possession (in
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