questioning. During the questioning‚ Fackrell discovered there is an outstanding warrant for Strieff and arrest him. While searching strieff lawfully‚ he finds methamphetamine and a drug pipe on Strieff. The case was sent to the district court‚ who ruled that‚ although Fackrell did not have enough evidence to conduct an investigatory stop‚ the methamphetamine and drug paraphernalia obtained during the lawful search incident to arrest justified the admission of that evidence for trial. The Utah Court of Appeals
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by statute. Common types of warrants in criminal cases include arrest warrants and search warrants. An arrest warrant is usually designed to detain a person who is suspected of committing a specific crime. By and large‚ an arrest warrant is granted when probable cause supports that a crime has been committed by the person listed in the warrant. If a defendant fails to make an initial appearance in court after a citation has been issued‚ the court may issue an arrest
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to the rules and regulations‚ or rather; laws that police officials must abide by when executing their duties. These rules and regulations include search and arrest warrant in addition to protocol that the Courts oversee for public search and arrest. There are certain requirements that must be met by an officer in order to obtain a warrant. Such must be done in a manner in which is appropriate and consistent with the law as opposed to the opposite which happens so often when officers decide to
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Search and Seizure‚ Arrest and Interrogation Search and Seizure The Fourth Amendment protects the right of people to be secure in their persons‚ houses‚ appears‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated‚ and no warrants shall issue‚ but upon probable cause‚ supported by oath or affirmation‚ and particularly describing the place to be searched‚ and the persons or things to be seized. The Fourth amendment is a critical aspect to policing due to the fact that
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and unwanted arrest. With a probable cause and a warrant in place‚ the search or seizure may take place and be appropriate; without a probable cause and warrant‚ the search or seizure is not reasonable. Unreasonable‚ warrantless searches and seizures should not take place because it violates the Fourth Amendment of the U.S. Constitution by depriving the right to privacy‚ the search or seizure will not be justified by law‚ and it will affect the safety from unfair and unwanted arrest; however‚ if
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Introduction Reasonable suspicion signifies the standard based on which the criminal activities are observed and arrest warrants are formulated. On the other hand‚ probable cause can be described as the logical belief in which with the help of facts criminal activity has been devoted (Kinports‚ n.d.). This assignment intends to compare and contrast between the legal concepts of reasonable suspicion and probable cause. This assignment also evaluates in what way these legal concepts can be applied
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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
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prohibits unreasonable searches and seizures (Wikipedia‚ n.d.). “Moreover‚ the Fourth Amendment requires governmental searches to be conducted only upon the issuance of a search warrant‚ sanctioned by probable cause and supported by oath or affirmation‚” (Wikipedia‚ n.d.‚ p.1). The warrant requirement also mandates that the warrant must describe the place to be searched and the person and/or property to be seized. However‚ there are exemptions contained in the “Exclusionary Rule.” Some of the exemptions
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Fourth Amendment also sets the tone for how arrests are affected and how reasonableness is weighed on heavily. The Fourth Amendment grants American citizens protection from illegal searches and seizures. The Fourth Amendment is designed to protect the right to privacy
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I. ARREST‚ SEARCH‚ AND SEIZURE (FOURTH AMENDMENT) A. PROTECTED FOURTH AMENDMENT INTERESTS The right of the people to be secure in their persons‚ houses‚ papers‚ and effects against unreasonable searches without a warrant Protects people‚ not places Protects tangible and intangible objects To determine if there is a search‚ look to if there is a reasonable expectation of privacy (Katz test) BASIC RULE: No searches without a warrant BUT the first question for analysis is “what is a search?”
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