Circumstantial Evidence Case Study
be searched, and the persons or things to be seized (Cornell University Law School, No Date).” The first part of this section states that no warrant will be given unless there is probable cause that will lead the judge or magistrate to believe that there is a very good reason to invade the privacy of a citizen. If there is not enough evidence for the judge to justify the signing of a search warrant, then the officer needs to try and find more evidence that will bolster his or her case. A search warrant is also supposed to specify where the officers will be searching, what they are searching for, and what evidence they might seize. When writing the search warrant, the writer will try to be as broad as they can in their wording so as to cover more ground. For instance, if there was an officer attempting to obtain a warrant for a suspected drug dealers home. Here is what some of the text may read: ‘Items to be searched for and seized: any and all evidence in regards to the use,
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creation, or distribution of illegal or controlled substances.’ This is broad enough to cover a whole range of things. This could mean any drugs which are found, needles, trash, chemicals commonly used in the creation of drugs, large amounts of cash, and a whole lot more is covered under the umbrella of the creation, use, or distribution of drugs. Even though it is very broad in what it says that they will be looking for, it also specifies what they are looking for and what they want to seize. The other thing which needs to be specified is where the officer is going to search. Whether it is outbuildings, a garage, a car, and any other areas which may be on the property. The other necessary portion of a search warrant as dictated through the Fourth Amendment is that it needs to be supported by an oath or affirmation. This requires a few different things. First, within the warrant the officer needs to have a section which speaks to the evidence which they believe supports their request for the warrant. This would include only the facts which you have observed (no opinions), and any witness statements. The witness needs to sign their statement saying that what they have said is true to best or their knowledge, and the officer also needs to swear that what they have stated is true to the best of their knowledge. The final portion of the search warrant which is talked about in the Fourth Amendment is the signature. The job of the officer is to present convincing evidence to a judge or magistrate in order to convince them that to sign the search warrant. This can be difficult, depending on the judge, but in order to get the signature you need to be able to convince them that you have enough standing to invade someone’s privacy to conduct a search. One very important thing which is included in the Fourth Amendment is the requirement of probable cause. Probable cause is when there is enough evidence to create suspicion in the mind of the officers who are observing the actions, that there is something happening which is illegal. However, probable cause is not only based on suspicion. It has to mainly be based on facts and observations. Using the same situation as above regarding the suspected drug dealer, here is an example of what would go into a search warrant regarding the probable cause. ‘On December 1, 2015, at 1100 hrs. I observed John Smith speaking with known drug lord, Kenny Jones, while on patrol in the Pearl District. Smith I pulled over and observed them for about 10 minutes, when Jones handed something to Smith and then the two separated. At approximately 1420 hrs., as I drove by Smith’s last known residence, I observed an unusual amount of foot traffic entering and exiting his home.” This would only be a portion of what would go into a search warrant, but in this segment there are a number of facts which the officer could have observed, and no personal opinion. Now, opinion could look something like, “I observed an unusual amount of foot traffic entering his home, and coming out with drugs in their pockets.” Unless the drugs are visible, then there is no way to really know if they have drugs or not. There are a few different types of evidence which help to support probable cause, and eventually the prosecutor’s case.
Direct and circumstantial evidence. Circumstantial evidence differs from direct evidence in that direct evidence can directly support the case and prove probable cause on its own where circumstantial evidence is when the evidence indirectly supports the case. An example of circumstantial evidence would be something like “I observed the suspect enter the victim’s house, and I then heard a shot. I saw the suspect calmly walk out of the house, furtively look around, get in his car and drive off.” This differs from direct evidence, as direct evidence requires you to observe the act as it happens. This statement would look something like this: “I observed the suspect walk up to the victim, argue with him, and then pull out a gun and shoot the victim. He then ran to his car and drove off.” These are two very different statements, and mean two very different
things. One final thing that I believe is important to look at when discussing the Fourth Amendment is how the document came about. In 1776, the Declaration of Independence was written. This is the document which was created by our country’s founders to separate ourselves from England. Soon after the ratification of the Constitution in 1787, the Congress decided to add the Declaration of Independence into the Constitution as amendments. Because of this, the first 10 amendments are basically the Declaration of Independence. Since this amendment does come from the Declaration of Independence, it would be plausible to assume that this was an issue which they had to deal with at the time. Not only is it plausible, it is actually what happened. The British government passed a law called the “Writ-of-Assistance.” This was a law which was a general warrant, or a warrant with a very broad scope. It allowed government officials (mainly customs officers and tax collectors) to seize belongings and search entire properties without previous warning. This knowledge gives us an idea of what the founding fathers dealt with. I believe that those who lived and dealt with the issues, and who passed laws so that their descendents did not have to live with those same problem, have a fairly good idea of what living in this kind of situation means. Due to this, I think that this amendment is one which is very important for our country. In conclusion, the knowledge of our country's laws, and the Fourth Amendment in particular, gives us the ability to utilize these rights when the time is appropriate, and gives us the ability to protect ourselves from unreasonable searches and seizures.
SOURCES
Merriam-Webster Online Dictionary (2015) Dictionary: Person. Retrieved December 5, 2015 http://www.merriam-webster.com/dictionary/persons
Snitker, A. (2013) Why Do We Have The Fourth Amendment? Retrieved December 5, 2015 http://libertyfirst2013/06/why-do-we-have-the-fourth-amendment/
Merriam-Webster Online Dictionary (2015) Dictionary: Personal Effects. Retrieved December 5, 2015. http://merriam-webster.com/dictionary/personal%20effects
Cornell University Law School (ND) Legal Information Institute: Fourth Amendment. Retrieved December 5, 2015. https://law.cornell.edu/constitution/fourth_amendment
Hess-Orthmann, C. and Hess K. (2013) Criminal Investigation (6th Edition): Chapter 4, Searches and Seizures (Pages 406-505). Clifton Park, New York: Delmar Cengage Learning
creation, or distribution of illegal or controlled substances.’ This is broad enough to cover a whole range of things. This could mean any drugs which are found, needles, trash, chemicals commonly used in the creation of drugs, large amounts of cash, and a whole lot more is covered under the umbrella of the creation, use, or distribution of drugs. Even though it is very broad in what it says that they will be looking for, it also specifies what they are looking for and what they want to seize. The other thing which needs to be specified is where the officer is going to search. Whether it is outbuildings, a garage, a car, and any other areas which may be on the property. The other necessary portion of a search warrant as dictated through the Fourth Amendment is that it needs to be supported by an oath or affirmation. This requires a few different things. First, within the warrant the officer needs to have a section which speaks to the evidence which they believe supports their request for the warrant. This would include only the facts which you have observed (no opinions), and any witness statements. The witness needs to sign their statement saying that what they have said is true to best or their knowledge, and the officer also needs to swear that what they have stated is true to the best of their knowledge. The final portion of the search warrant which is talked about in the Fourth Amendment is the signature. The job of the officer is to present convincing evidence to a judge or magistrate in order to convince them that to sign the search warrant. This can be difficult, depending on the judge, but in order to get the signature you need to be able to convince them that you have enough standing to invade someone’s privacy to conduct a search. One very important thing which is included in the Fourth Amendment is the requirement of probable cause. Probable cause is when there is enough evidence to create suspicion in the mind of the officers who are observing the actions, that there is something happening which is illegal. However, probable cause is not only based on suspicion. It has to mainly be based on facts and observations. Using the same situation as above regarding the suspected drug dealer, here is an example of what would go into a search warrant regarding the probable cause. ‘On December 1, 2015, at 1100 hrs. I observed John Smith speaking with known drug lord, Kenny Jones, while on patrol in the Pearl District. Smith I pulled over and observed them for about 10 minutes, when Jones handed something to Smith and then the two separated. At approximately 1420 hrs., as I drove by Smith’s last known residence, I observed an unusual amount of foot traffic entering and exiting his home.” This would only be a portion of what would go into a search warrant, but in this segment there are a number of facts which the officer could have observed, and no personal opinion. Now, opinion could look something like, “I observed an unusual amount of foot traffic entering his home, and coming out with drugs in their pockets.” Unless the drugs are visible, then there is no way to really know if they have drugs or not. There are a few different types of evidence which help to support probable cause, and eventually the prosecutor’s case.
Direct and circumstantial evidence. Circumstantial evidence differs from direct evidence in that direct evidence can directly support the case and prove probable cause on its own where circumstantial evidence is when the evidence indirectly supports the case. An example of circumstantial evidence would be something like “I observed the suspect enter the victim’s house, and I then heard a shot. I saw the suspect calmly walk out of the house, furtively look around, get in his car and drive off.” This differs from direct evidence, as direct evidence requires you to observe the act as it happens. This statement would look something like this: “I observed the suspect walk up to the victim, argue with him, and then pull out a gun and shoot the victim. He then ran to his car and drove off.” These are two very different statements, and mean two very different
things. One final thing that I believe is important to look at when discussing the Fourth Amendment is how the document came about. In 1776, the Declaration of Independence was written. This is the document which was created by our country’s founders to separate ourselves from England. Soon after the ratification of the Constitution in 1787, the Congress decided to add the Declaration of Independence into the Constitution as amendments. Because of this, the first 10 amendments are basically the Declaration of Independence. Since this amendment does come from the Declaration of Independence, it would be plausible to assume that this was an issue which they had to deal with at the time. Not only is it plausible, it is actually what happened. The British government passed a law called the “Writ-of-Assistance.” This was a law which was a general warrant, or a warrant with a very broad scope. It allowed government officials (mainly customs officers and tax collectors) to seize belongings and search entire properties without previous warning. This knowledge gives us an idea of what the founding fathers dealt with. I believe that those who lived and dealt with the issues, and who passed laws so that their descendents did not have to live with those same problem, have a fairly good idea of what living in this kind of situation means. Due to this, I think that this amendment is one which is very important for our country. In conclusion, the knowledge of our country's laws, and the Fourth Amendment in particular, gives us the ability to utilize these rights when the time is appropriate, and gives us the ability to protect ourselves from unreasonable searches and seizures.
SOURCES
Merriam-Webster Online Dictionary (2015) Dictionary: Person. Retrieved December 5, 2015 http://www.merriam-webster.com/dictionary/persons
Snitker, A. (2013) Why Do We Have The Fourth Amendment? Retrieved December 5, 2015 http://libertyfirst2013/06/why-do-we-have-the-fourth-amendment/
Merriam-Webster Online Dictionary (2015) Dictionary: Personal Effects. Retrieved December 5, 2015. http://merriam-webster.com/dictionary/personal%20effects
Cornell University Law School (ND) Legal Information Institute: Fourth Amendment. Retrieved December 5, 2015. https://law.cornell.edu/constitution/fourth_amendment
Hess-Orthmann, C. and Hess K. (2013) Criminal Investigation (6th Edition): Chapter 4, Searches and Seizures (Pages 406-505). Clifton Park, New York: Delmar Cengage Learning