Article III Bill of rights - declaration and enumeration of a person’s right and privileges which the Constitution is designed to protect against violations Basis: social importance accorded to the individual in a democratic or republican state Classes of rights 1) Natural rights – right possessed by every citizen without being granted by the State for they are given to man by God Ex. Right to life‚ right to liability‚ right to property‚ right to love 2) Constitutional right –
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During the processing of his arrest paperwork‚ the officers search Fred’s possessions which he brought to the station‚ and a small quantity of cocaine is found in Fred’s pocket. Fred is charged with DWI‚ leaving the scene‚ and possession of cocaine. What issues do you see? How should they be resolved? (50 points) First of all this‚ is a legal arrest. A neighbor saw the wreck and Fred running to the dorm. That is sufficient in itself to establish probable cause to arrest Fred for leaving the scene
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160) The officer then found a pound of marijuana giving probable cause for arrest. 2. The statement about the drugs at Ross’ residence is admissible in court. The officer did not need to give Ross his Miranda warnings. “Miranda warnings are only required before custodial interrogation takes place.” (Gaines 176) Ross’ statement about the drugs was said prior to being taken into custody. 3. Yes‚ Ross and Rachel’s arrest was lawful because the officer smelled marijuana when he approached the vehicle
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Due Process Kelsey Kennedy CJA 224 October 31‚ 2011 Austin Zimmer Due Process Introduction The United States has a unique criminal justice system that stems from the unique rights granted to its citizens by the Constitution. The United States Constitution grants the most basic rights of “life‚ liberty and the pursuit of happiness” and no citizen can be denied these rights without due process of law. Due process is the way in which the criminal justice system ensures that the right person is
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police detective presented the matching 2009 and 2003 DNA to a grand jury‚ the grand jury indicted King for first-degree rape. Later in 2009‚ the detective obtained a search warrant and collected a second DNA sample from King that also matched the 2003 sample. King seeks to suppress the DNA evidence‚ arguing that his arrest and indictment for rape were invalid as an unreasonable search and seizure under the Fourth Amendment. Alonzo Jay King claimed that the DNA Act was unconstitutional. The Circuit
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March). FBI ? The Exigent Circumstances Exception After Kentucky v. King. Retrieved July 15‚ 2013‚ from http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/march-2012/the-exigent-circumstances-exception-after-kentucky-v.-king Warrant Exceptions ? Exigent Circumstances | Library of Defense. (n.d.). Retrieved July 15‚ 2013‚ from
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Supreme Court and they ruled in favor of Mapp 5-3. The ruling was in her favor because the warrant the police said they had was lost and the pictures obtained by the police were seized unlawfully‚ without probable cause. In the result of this case‚ a new element has been added to the amendment. Now any if any members of the law find anything illegal and were searching for something else‚ they are not allowed to arrest
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Investigation and arrest is when evidence is collected and a recreation of what happened is developed. Warrant and booking are two steps done after the investigation. A warrant is issued by the court and provides protection to the LEO as he/she conducts their duties to arrest the known criminal or multiple criminals. Booking is the last step before entering a systems correctional facility. During the booking process information is
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Minnesota v. Ronald Riff The court cast of Minnesota v. Riff has different types of communication involved‚ and is very complex. Both oral and written communication is presented in this case. This paper will be discuss that will be involved with defense‚ witnesses‚ prosecution‚ and the judge. Guidelines will also be discuss‚ due to every trail that involve with the mention above is very important. In this case‚ the prosecuting attorney are to communications orally and also in writing. The prosecutor
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and they station they are‚ as well as the search of warrant. According to Bill of Rights‚ The purpose is started in the first ten amendments‚ the bill of right contains the right of freedom of religion‚ right to assembly‚ right to petition‚ right to be protected from unreasonable searches and seizures‚ right to bear arms‚ right
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