the scrap plastic in the wastebasket beside the desk of the computer matching the identification materials. There are additional photographs with eyes closed and not center face in the waste. This allows a string reason to believe there is a probable cause to place the item into evidence and look further even though the item is an opaque subject. As a result, there is not proof that file is held inside of that device (Surveillance Self-Defense, 2013). The correct documentation to make the paperwork
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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
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lawful arrest search incident is not restrictive to the issuance of a warrant. This means that if a person gets lawfully arrested, then the police have every right to search the person’s surrounding which is reach of the police. For instance John has been driving while being intoxicated and gets caught up for breaking the signal. A search conducted by the police finds illegal handgun being present in the car’s trunk and an
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Pretrial procedures Student’s Name University Affiliation Pretrial procedures A police abduction of either proof of a crime in a constitutionally secluded area or a probable unlawful defendant must be founded on probable cause. For instance in the Illinois v. Gates case. moreover, the Court has frequently stated that a government search or abduction on personal premises with no warrant is presumptively irrational under the Fourth Amendment except it falls in one of the carefully
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In Terry v. Ohio, 392 U. S. 1 (1968), the court considered whether police, in the absence of probable cause, can stop, question, or frisk an individual. The case proposed that in order to stop someone for questioning, the Police must have a reasonable suspicion that the person is about to commit or has already committed a crime. If after someone has been stopped, the police want frisk a suspect for weapons, they need to have reasonable suspicion that the person is armed and threatening. The Court
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year daughter in a pornographic film. W turned the film over to a friend, a police officer, who used it to obtain an arrest warrant. H could not claim a 4th Amendment violation to suppress the film, because W is not an agent for the state, and thus there was no state action. For a warrant to issue a detached disinterest magistrate must find that the Government has demonstrated a substantial basis of probable cause. The Government must be able to show objectively that taking into account
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Police and Law Enforcement In the United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for an arrest, when criminal charges are being considered. It is also refers to the standards which a grand jury believes that a crime has been committed. The term comes from the Fourth Amendment of the United States Constitution. In the criminal arena probable
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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
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Authentic Case Assessment on Laws The Fourth Amendment 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 law that governs arrests, searches and seizures, and issuance of warrants (arrest warrants and search warrants)
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cocaine without probable cause. Rule: 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) Exclusionary rule: There are thirteen exclusions to the Fourth Amendment rule, which follows: Probable cause, Consent searches
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