He wants the honest truth about the situation. He does not want any false information. He wants to make an arrest…
There are clear rules as to when citizens can and cannot make an arrest. For example, you cannot make an…
o What about the arrest was conducted in a proper manner? In an improper manner?…
In the Critical Justice Process series videos I learned a lot about how the process of being arrested works. Before I watched the videos I knew a little bit of the process but not exactly how everything worked. The first video on the process of arrest, I learned from one of the officers was that, “when we take someone into custody we don’t always advise them of their rights unless we need a confession out of them”. I also learned that there’s a few steps for a defendant to get a court date, before this video I thought that when a person is arrested they go and get booked, then see a…
When John Doe was arrested and brought to the police station, then first thing that should be done is to process John Doe or booked. During the booking process the police would document personal information, take photographs, and have John fingerprinted. During the booking process questions are asked, such as, your name, place of birth, birth date, height,…
This paper discusses the underlying circumstances to obtaining a warrant, and proving probable cause. Certain exceptions are made by law in some situations, such as searching vehicles. All officers of the law, and court officials are legally obligated to follow all rights reserved by the Fourth Amendment, and without doing so they could jeopardize their case. Investigation must take place before an officer can prove probable cause to a judge, and obtain a warrant. Warrants are necessary documents in apprehending suspects, conducting searches, and seizures. Without warrants, in most cases, evidence will be ruled as inadmissible. There are several ways to prove probable cause to obtain warrants. Without sufficient probable cause a warrant can not be issued to officers.…
A seizure refers to the interference with an individual’s possessory interest in property. To meet the criteria of an unreasonable seizure, the property’s owner must have had a reasonable expectation of privacy in the items seized. (2)…
The three statutory rights of arrest are preventative, breach of peace and public order. I don’t think a person should be arrested to stop them doing something as they have not committed a crime so the police should not have the right to arrest someone who has not yet committed a crime. However, breach of peace and public order are effective as it is arresting a person who is a danger to society as they have caused harm/fear to a victim.…
| It’s preferable to make the arrest and hold the offender accountable for their actions.…
Search incident to arrest allows law enforcement officers to search individuals to ensure the safety of all involved law enforcement officers. Also, it allows the officers to gather all needed evidence needed for a case. It is the responsibility of government to prove the guilt of a suspect, innocent until proven guilty. The evidence on the federal level a group of citizens called the grand jury will study collected evidence to see if it merits a trial. Search of a motor vehicle doesn't require a written warrant it falls under probable cause. It is customary that any officer that suspects a violation has the right to ask the owner for permission to search. If the owner says no then the car will be towed and searched at a police garage. The owner will be forced to pay the cost of the towing service and impoundment before regaining possession of their car. The exigent circumstances allows the law enforcement to enter private property because they sense that a crime is in progress. There is no time for a search warrant usually these situations demand quick and immediate…
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 8 bags of heroin being present in the compartment. The compartment is considered to be in the reach…
Citizens are being arrested every single day for an unlimited variety of reasons. The reason can be anything from abuse of a family member, robbery, drug possession, or murder. The criminal system has four ways to justify punishment. Retribution, deterrence, rehabilitation, and social protection are ways in which punishment is justified. Each of the four has its own style of punishment together with its own pros and cons for each Citizen.…
Sophie Bormann Ms. Henderson CRW 4 03/12/2018 The Civil Rights Movement (1954-1968) was, arguably, one of the biggest turning points in American history. Before the series of social movements began, a strong racial divide existed. Many made their voices heard during this movement, writing their names down in history. Rosa Parks was one of those people, having one of the most well known stories from the Civil Rights Movement.…
There are several differences between stops and arrests. As an exception to the Probable Cause and warrant requirements a stop has to have the underlining basis of reasonable suspicion. At its core a police stop is when an officer stops you from doing anything that you were doing prior and after an officer has observed an individual doing something suspicious. While an arrest is an officer actually taking a person into police custody. If a stop is arbitrary or not supported by reasonable suspicion, probable cause, or another legitimate road safety or traffic management reason it is in violation of the 4th Amendment. (Hall, 2015). The Supreme Court has also held that the validity of a stop is determined by whether there is probable cause exists…
When a crime is allegedly committed an individual can be taken into custody, after the arraignment which is the formal reading of a criminal complaint in the presence of the defandant to inform the defendant of the charges against him or her. In response to arraignment, the accused criminal is then excepted to enter a plea. Then the accused may not be able to post bail/bond or even be denied realase. This indvidual must stay in jail until his court hearing, the time the person waits in jail is called pretrial detention. Today throughout the world pretrial detention has caused many issues in which this paper will look further into. Some of the issues that will be explored in this paper are how pretrial detention is causing overcrowded prisons, and how that is affecting our society. Another issue that will be looked upon is the expression “innocent until proven guilty”. There are times when a offender waits in jail until his hearing for a number of years and ends up being proved innocent. What should be done for the time lost in this person’s life for waiting in a jail cell for a crime that was never committed? These are issues that concern everyone in our society; this paper will explain possible ways to bring justice to these individuals. Pretrial detention causes all types of issues from the positive and negative effects it takes on people, overcrowded prisons, and weather or not it violates certain amendments.…