"It must be a jury determination that [he] is guilty of every element of the crime with which he is charged, beyond a reasonable doubt." (515 S Ct. 506 (1995)…
|the law enforcement officer can make an arrest there has to be a clear sign of probable cause if an officer neglects to find |…
2. Reasonable Forcibility: May the police rely on an exigency if it was reasonably foreseeable that police tactics would create the exigent circumstances? No. The Court rejects the notion that the police may seize evidence without a warrant only when they come across the evidence by accident.…
10. Beyond a reasonable doubt- if the jury has any reasonable doubt about the defendant’s guilt then must vote not to convict…
The following paper discusses the use of warrants, arrests, and the searching of private residences, when the law enforcement officers involved have concluded that there is probable cause. Although, probable cause is a necessary requirement in the obtaining of a warrant and in the following through of arrest procedures, ironically, according to the Legal Information Institute at the Cornell Law School, “Neither the Fourth Amendment nor the federal statutory provisions relevant to the area define “probable cause;” the definition is entirely a judicial construct” (Cornell, 2006).…
We have already gone over the exclusionary rules associated with unwarranted searches and seizures, now we need to look at warranted searches and seizures. The Fourth Amendment requires that no warrants be issued unless based on probable cause by a sworn Affirmation, this applies to all warrants whether they are for search or seizure. In order to understand the concept behind warrants, we must also understand probable cause. The Supreme Court has defined probable cause as more than mere suspicion. The facts an officer is acting upon must be enough to convince the average person that the suspect committed or is committing the offense being investigated. (Worrall, 2012) In the academy they stressed this as less than beyond a reasonable doubt, but more than a hunch; which leaves a large area in between.…
In order to have reasonable suspicion, school administrators must have sufficient knowledge to believe that a crime has been or is about to be committed. This differs from the grounds of probable cause because the officers must have sufficient and accurate facts to believe that a crime has been or is about to be committed. Reasonable suspicion for school administrators could be as simple as a rumor. Once that rumor is brought to attention, administration is expected to perform an investigation and if a search and seizure is required of them, it must be a search relative to the scope of the issue at hand. For example, a search of a student’s locker or car on school property with the belief that there may be drugs would be a sufficient search where as a strip search of the student’s body would be considered intrusive. The facts of the two cases, Best V. New Jersey and Safford V. Redding, clearly portray the difference between the two…
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.…
Other conditions on the searches incident to arrest exception include the use of force, the search of other individuals with the arrested individual, searching the vehicle of an arrest…
Circumstances which should suggest to a police officer that a search warrant is not valid include:…
A search warrant must always be based on probable cause. We can define probable cause by facts or circumstances that would lead a person to believe that the place needs to be searched for important pieces of evidence to be found (Swanson 35). The probable cause is established by what is called a written affidavit prepared by the law enforcement officer or investigator. In the affidavit, the officer states all known facts and circumstances involving the suspects and items that are expected to be found. An affidavit contains 3 main parts that need to be described: the person, the property, and the facts. The search warrant must always describe in particular the place that is being searched. The description must be detailed enough to where the place being searched can easily be distinguished from any other place. It can be very easy to confuse one property with another; this is why it is extremely important for the description of the building to be very detailed and accurate.…
Thirdly, “The good faith exception”, known as faulty warrants, came along with several cases involved in faulty warrants in 1984. People have been mistakenly accused, and arrested for years. Judges polices, and the DEA make mistakes unknowingly. Some do it under destructions. The courts say that if it is in good faith the police have good reasons to believe their actions are legal. Under the original rule, police were responsible for their own violation for the Constitutional law. So far, the new law has been seen for its errors made by judges, or state…
I think people should not have exoctic pets like pythons because they can endanger many animals when they kill to many of them. For example they can endanger specific types of deer and other animals like that too. Then they can possibly become enstingth. That means there would be very few of certain animals left here on earth.…
Intimacy- Relationships largely superficial and exist to serve self-esteem regulation. Secondly through Pathological personality disorders; Grandiosity (an aspect of antagonism) - Feelings of entitlement, either overt or covert and Attention seeking (an aspect of Antagonism) - Excessive attempts to attract and be the focus of the attention of others; admiration seeking others (Aaron L. Pincus, 2016) DSM-5 criteria for the diagnostic of Borderline personality disorder were based on the following; Significant Impairments in personality functioning manifested by either; I)Identity- Marked impoverished, poorly developed or often associated with excessive criticism, II) Self-direction: instability in goals, aspirations, values or career plans and through impairments in interpersonal functioning; I) empathy:…
The John M. Case Company was established in 1920 by Uriah Case and was the largest manufacturer of business calendars in the United States. The company was then handed off to John M. Case, and continued to prosper. John M. Case controlled a large amount of the market share in this industry along with an increasing number for sales. Then, John M. Case decided it was time to retire and sell the company. Anthony W. Johnson, an employer of John M. Case Company, was interested in this purchase. After coming up with $500,000 within the management group, Johnson still faced a dilemma of raising $10 million without giving up control to outside investors. With this, Johnson needed to come up with a strategic financial plan in order to successfully obtain such a company.…