Search and Seizure, Arrest and Interrogation Ashley Acea CJE 3110 Professor Toth April 6, 2015 Introduction I will be taking you the reader through the crucial aspects of the criminal justice process; searches and seizures, arrest and interrogation. I will begin by discussing how the Fourth Amendment entails the citizens right against unreasonable searches and seizures, as well as how it is a critical aspect to policing, since it structures how police are to investigate a crime and
Search and Seizures Strip searches is a practice of removing one’s clothing in an attempt to find contraband the person strip searched may possess. This practice serves as a method used on individuals in the process of being sent to a correctional facility in an attempt to ensure contraband does not make it’s way inside the facility. According to the fourth amendment, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall
The 4th and 5th amendment are protecting the citizen for unreasonable search and seizure. That means, that an investigator needs a search warrant to search and seizure a private property. In some cases the investigator doesn 't need a search warrant, but only when an exception to the warrant requirement applies. For instance if a police pull over a car because the driver drove to fast and the officer recognize the smell of marihuana out of the car, then he is allowed to search the car without a search
The Fourth Amendment is a persons right to privacy and protects them from an unlawful search and seizure. When an officer conducts an unlawful search and illegally collects evidence, the officer might try to present the evidence in the suspects trial.As a result of unreasonable search and seizure, the exclusionary rule was created. The exclusionary rule states that any criminal evidence collected by law enforcement officials in violation of a persons fourth amendments rights is inadmissible in court
and the act of taking possession of this property,” also known as conducting a search and seizure. It is a necessary exercise in the ongoing pursuit of criminals. Search and seizures are used to produce evidence for the prosecution of alleged criminals. Protecting citizens from arbitrary searches, the Fourth Amendment of the Constitution is our right to limit and deny any unreasonable search and seizure. More often than not, police officers tend to take advantage of their authority by the use of
As said by the Fourth Amendment, " the right of the people to be secure in their persons, houses, papers, and effects, against an unreasonable search 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 be seized." In simplest terms the Fourth Amendment says that all searches are to be conducted under authority of a warrant( Barany). Many times this
Search & Seizure in the Public Schools To fully understand the role and related responsibilities of search and seizure in the public schools, the Constitutional rights of the students and case law must be examined. The Fourth Amendment of the Constitution states: The right of the people to be secure in their persons, 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
unreasonable searches and seizures. The Court held that a seizure unrelated to the reason for the stop is lawful only so long as it does not measurably extend the stop’s duration. Majority Opinion: (Delivered by Justice Ruth Bader Ginsburg) The Court held that the use of the K-9 unit, after the completion of a lawful traffic stop, exceeded the time reasonably required to handle the matter and violated the Fourth Amendment’s prohibition against unreasonable searches and seizures. Because the mission
Search and Seizure The purpose for the Fourth Amendment is to protect people from intrusion of the government in areas where they have a reasonable expectation of privacy. It prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances. “The Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction. Surveillance and investigatory actions taken by strictly private persons, such
In this article I will be talking about and researching the no communicable noncommunicable dieses is Seizures. I picked this dieses because my dad has had them since he was a new born. When he was born they used forests to pull him out of the birth canal and it cause frontal brain damage and made him have Seizures for the rest of this life. Seizures are caused by a neurologic malfunction that causes abnormal electrical activity within the brain. These can be localized or cause symptoms such as