Preview

The Rules of Law Enforcement

Satisfactory Essays
Open Document
Open Document
468 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Rules of Law Enforcement
Assignment: The Rules of Law Enforcement

In the first case the police conducted a lawful search of the suspect. They searched the suspect prior to arrest, since the arrest was based on probable cause. This search was valid because it was incidental to the arrest. In the second case, the police officers conducted a search that required a warrant. In this case, the officers only had an arrest warrant. The fact that the officers gained entry to the house through a 14 year old child was wrong, since they had no right to enter the residence in the first place. The drugs that were seized were seized illegally. The officers had no warrant to search the premises or to seize any evidence. Since the evidence was not seized in “plain view” it will not be admissible in court. Therefore the search was not conducted lawfully.
In the first case the suspect’s Fourth Amendment rights were not violated. The police had probable cause to arrest the suspect because he was acting weird and fit part the description of the suspect spotted in the previous crimes. Since the police were arresting the individual, they are able to search the suspect prior to arrest. The search was reasonable and had probable cause. In second case the suspect’s Fourth Amendment rights were violated. According to the Fourth Amendment the police must have a warrant and probable cause to search a person’s home or property. The property and evidence was seized illegally, in this case the search was not reasonable and there was no real probable cause the search was based on the statement of another suspect.
In the first case the arrest was conducted properly the suspect was searched incidental to arrest, read his rights, and brought to the station. In the second case the suspect was arrested for the items seized illegally. There was no mention of Miranda rights being read to this suspect. Therefore the arrest was not done properly.
The reading of the Miranda rights to the first suspect was done correctly.

You May Also Find These Documents Helpful

  • Good Essays

    Ken Krooks Case Study

    • 693 Words
    • 3 Pages

    Under what is known as the Plain View Doctrine is called a search-related plain view, referring to items that are identified by the responding officer who was authorized to specifically search for it. In this particular case, the officer was authorized to search for a white, 6’0 tall individual who was wearing a black baseball cap, black t-shirt, and jeans. Even though this description is vague, this individual was in the area of the crime, did match the description, and acted merely suspicious in the officer’s presence. This initially identification is where the detention had occurred in this particular case. The plain view doctrine also states that an officer has the ability to make a warrantless seizure of an object that is involved in a crime if the officer can identify the object in plain view (Terry v. Ohio,…

    • 693 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The issue brought into question in the Terry vs. Ohio case in 1968 involved a police officer, McFadden, who was patrolling the area in normal clothes. He came across two men pacing the area suspiciously and glancing into a store. He the watched them meet at a street corner frequently where they were joined by another man. After watching them do this approximately twenty-four times he approached the group and asked them their names. He patted down the overcoat that the man was wearing and felt a revolver, which he then removed. The defense argued the issue to be admissibility of evidence uncovered by an improper search and seizure. They argued that the Fourth Amendment protects the people despite where they are; at home or on the streets. It…

    • 406 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    case study

    • 306 Words
    • 2 Pages

    Supreme Court Decision: The search was unreasonable under the 4th and 14th amendments. In arresting officer may search only the area “within the immediate control" of the person arrested, meaning the area from which he might gain possession of a weapon or destructible evidence. Any other search of the surrounding area requires a search warrant.…

    • 306 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The police did not conduct a lawful search and seizure under the guidelines set forth in the Fourth Amendment. The Fourth Amendment states that search and seizure can occur during an arrest warrant that is being carried out but the "the area within control" of the suspect. The area within control was eventually decided as being the reach of arms length from the suspect. This is a lawful act designed to prevent the suspect from engaging in dangerous behavior towards others and also for the protection of any evidence the suspect may attempt to destroy. The suspect was not at the dwelling when officers arrived therefore no search and seizure should have taken place. Police officers were notified that the suspect was not present upon arrival and entry of the home. There were no reasonable causes for police to suspect that items dangerous to themselves were inside the home.…

    • 552 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The husband is trying to avoid being arrested and wishes to be left alone by the officers.…

    • 751 Words
    • 4 Pages
    Good Essays
  • Good Essays

    This case can be narrowed down to three stages: the stop, the search and the seizure. All of which, when performed, obeyed the limits and stipulations set by the Fourth Amendment and precedent.…

    • 1222 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    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.…

    • 1771 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Mapp v Ohio

    • 434 Words
    • 2 Pages

    iii. For Mapp, the police, who possessed no warrant to search her property, had acted improperly. Any evidence found during the search should have been thrown out of court and her conviction overturned. For the state of Ohio, even if the search was made improperly, the State was not prevented from using the evidence seized because “the Fourteenth Amendment does not forbid the admission of evidence obtained by an unreasonable search and seizure.” Ohio argued that the 14th Amendment does not guarantee 4th Amendment protections in the State courts.…

    • 434 Words
    • 2 Pages
    Good Essays
  • Better Essays

    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,” Mapp V. Ohio (1961) dealt with that very sentence of the constitution. Were the officers at fault or Mapp? This complex question has a complex answer one that puzzled the Supreme Court and led to a change in criminal procedure. The verdict was a strict interpretation of the constitution. The fourth amendment was relevant because the fourteenth amendment grunted due process. It was a very good decision, it protected the black minority who at the time were being routinely harassed and convicted for no reasons. This decision certainly did not stop that but it made it harder…

    • 1445 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    4th Amendment Case Study

    • 704 Words
    • 3 Pages

    Ohio, in Criminal Procedures states although he agrees with the seizing and the frisk of the petitioner that lead to guns found was a valid search, understanding how the seizure and search came about is mysterious. According to Justice Douglas, for the search and seizure to be constitutional, the police officer had to have “probable cause” to “believe that (a) a crime was committed or (b) a crime was in the process of being committed or (c) a crime was about to be committed” (331). However, the opinion of the court denies the existence of probable cause, knowingly that the officer did not have probable cause to search the petitioners. If a warrant was to be filed to allow the search, the magistrate would not issue it simply because the officer cannot act if there is no probable cause (331-332). I do disagree with Justice Douglas’ Dissenting Opinion on the case, simply based off the reasons that the officer witnessed the perpetrators passing by the same store repeatedly and looking inside through the…

    • 704 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    The Fourth Amendment has been interpreted to: require that searches and seizures be reasonable; and prohibit warrants except those issued upon probable cause. However, as with any rule, there are exceptions. The exceptions to the warrant requirement will be discussed below.…

    • 309 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    CCJS 370 Study Guide

    • 1387 Words
    • 6 Pages

    - the Court determined that the defendant's arrest in El Paso County, Texas for a refusal to identify himself, after being seen and questioned in a high crime area, was not based on a reasonable suspicion of wrongdoing and thus violated the Fourth Amendment.…

    • 1387 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    The reason the defense argued the initial search and subsequent seizure violated the Fourth Amendment of the men being accused is because the arresting officer did not have probable cause for arrest, and simultaneously did not posses a warrant to search the suspects. The court denied the motion to suppress the evidence, and inevitably found the men guilty. The defense appealed all the way to the Supreme Court, but the court held the original…

    • 572 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Rules for searches conducted in plain smell are complex and varied based on the circumstances and location of the search. Under the plain smell doctrine, an officer can use his sense of smell as probable cause to search if there is an articulable belief that the origination of the odor is an illegal substance, or if it indicates an exigent circumstance. Plain smell is a principle under the plain view rule, which basically states that evidence in plain view of an officer is not protected by the Fourth Amendment, as “seeing” the evidence in that capacity does not constitute a “search”. For the plain view doctrine to apply for discoveries, the following requirements must be met (Horton v. California, (1990) 496 U.S. 128,136):…

    • 1555 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Fourth Amendment

    • 1154 Words
    • 5 Pages

    Arizona (1978), the police collected evidence for four days after the suspect’s apprehension and the death of a police officer at the time of the arrest. He was convicted for murder, assault and narcotics offences. However, because they collected the evidence without a warrant, the suspect’s conviction on the murder of the police officer and assault charges was reversed by the Arizona Supreme Court, but upheld the narcotics conviction. This is a prime example of where the Fourth Amendment protects against unlawful searches. Even though the evidence was overwhelming proof that the suspect murdered the police officer, it was the responsibility of the police to do their due diligence to conduct the search legally. Had they obtained the proper warrants, the conviction would have still been upheld and the suspect would have been punished for the crime he…

    • 1154 Words
    • 5 Pages
    Good Essays