When a crime is reported to police, they have to gather enough information to make an arrest and sustain charges to be proven in court, beyond reasonable doubt.…
|the law enforcement officer can make an arrest there has to be a clear sign of probable cause if an officer neglects to find |…
The following paper reviews probable cause as it applies to the duties of law enforcement. We will review different scenarios involving probable cause and the different court rulings that govern police and other law enforcement officer’s procedures involving the searching of a residence, arresting offenders, and the use of warrants. Due, to the inconsistency and complexity involved in real life situations, a multiplicity of use involving warrants, probable cause, searches, and other police actions can occur.…
To obtain a search warrant, law enforcement officers must convince a judge that they have reasonable grounds to believe a search will reveal evidence of a specific illegality.…
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.…
If a police officer is arresting someone in public they do not need a warrant because they have witnesses…
The pressure a witness feels in a lineup to choose a suspect can be a great one. Often times the witness looks to the police officer for guidance. When a witness is not sure they may identify a suspect and after ask the police officer how well they did and if they choose the right person. When conducting a lineup, a police officer should be careful not to give feedback or confirmation. When a police officer simply says “good job” even if the witness chooses wrong, it can cause a huge confident boost. When its time for the trial the witness is more likely to make the same mistake again (Clare, 2012, para. 7). When conducting a lineup, the police should use the Blind or Blinded Administration method. In this method the police officer does not know anything about who the suspect is. This will prevent any suggestive or…
Criminal justice is one of countless career fields that utilizes research in its everyday functions. Each and every department or organization has its own type of research, as well the focus of that research. From psychological research and criminal analysis, to advances in the way crime scenes and evidence are processed. Research is a very important part of the technological advances and information gains in the world of criminal justice.…
The concept of search warrants, probable cause, and searches go hand in hand as part of the legal system. Each step makes the next step part of the process. This process gives us certain civil liberties and are all rooted in the 4th Amendment of the Constitution of The United State of America. The following information will interpret, define, and support the legal justification of warrants, probable cause, and searches.…
The fifth amendment's privilege not to answer, critics carp, insulates the guilty defendant from revealing his complicity.' While this is true, ironically it also can…
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.…
Most people do not realize that arrest records for every person in the community can be accessed completely free by anyone who has an interest..…
Probable cause: sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. Probable cause in my understanding means that a police officer cannot accuse you of a crime that they are not able to prove. If you are pulled over due to being suspected of drunk driving, they have to give you sobriety tests or see open containers in order to give you a ticket or take you into custody. They just can’t see you swerve while driving and take you to jail without proof.…
The Miranda Rights process may sound flawlessly, but is it really all for show? You and I have seen the Miranda Rights being said countless time on T.V hit shows like; Law & Order and CSI. The Miranda Rights really make the T.V characters sounds authoritative when they apprehend the criminal. All United States citizens should know the Miranda Rights process. Not just hearing the Miranda Rights but how does how the process really goes when you are in the situation like the shows on television. Why is important to understand the Miranda Rights in your environment? And how might the Miranda Rights is improved socially? Both of us may understand the Miranda Rights to…
Fred is drunk and driving his dad’s car. Fred is a 21 year old student at Columbia College. Fred rams into a parked car at 10th and Rogers. Thinking no one saw him; Fred moves his car and parks it on an adjacent lot. He sprints to his dorm room in Miller Hall. A neighbor saw the wreck and Fred running to the dorm. Police are called and they arrive ten minutes after the wreck. The officers see several empty beer cans and a bottle of tequila (half full) in the front seat. The tags are traced to Fred’s dad, who is called by police. Dad says that Fred is a student at Columbia College. Police run Fred's record and determine that he has two prior DWIs within the past five years. The third DWI in 10 years is a felony. Police contact Columbia College security who leads them to Fred’s dorm. Fred is passed out, so security lets them in. The officers smell intoxicants, give Fred some Field Sobriety tests (he fails) and confirm that he was driving the car. Fred is arrested for DWI. It is his third offense, a felony under Missouri law. Fred is given a breath test, which registers at .13 on the scale. 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)…