vehicle stop which led to an arrest and the discovery of marijuana. When the officer had ran Evans in the database to ensure the driver was licensed and didn’t have any outstanding warrants‚ the database showed the Evans had a warrant. It was later discovered that the warrant was invalid. The warrant had been served a couple weeks prior‚ however a court employee had failed to remove the warrant causing the officer to believe the warrant was still active. Since the arrest was not the officers fault
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well as providing examples. Probable cause is the level of facts and evidence required to obtain a warrant for‚ or as an exception to the warrant requirements for‚ making an arrest or conducting a personal or property search‚ etc. when criminal charges are being considered. Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search). Under exigent
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out search or seizure unless a warrant has been first issued by a judge. The exceptions are: searches with consent‚ frisks‚ plain feel/plain view‚ incident to arrest‚ automobile exceptions‚ exigent circumstances and open fields‚ abandoned property and public place exceptions (Harr‚ Hess‚ 2006‚ p. 219). "The right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated‚ and no Warrants shall issue‚ but upon probable
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The Constitutionality of the Stop and Frisk The Fourth Amendment of the United States Constitution guards against unreasonable searches and seizures. It also states that no warrants shall be issued without a probable cause. Modern jurisprudence has afforded police officers an incentive to respect the amendment. The Stop and Frisk law allows police officers to stop someone and do a quick search of their outer clothes for weapons if the officer has a reasonable suspicion that a crime has or is
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depending on the totality of circumstance when supported by probable cause‚ warrants or exigent circumstances. The victim’s backpack was in plain view in the vehicle. The warrantless search incident to the arrest was valid. Rule of Law – Cases for the Basis of Analysis In NY v. Belton 453 US 454 (1981)‚ the Supreme Court held that a lawful custodial arrest based on probable cause justifies a search without a warrant of the person arrested and the passenger compartment. In Arizona v. Gant‚
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uphold the constitutional rights of all citizens. The constitution protects all Americans‚ and also protects and limits law enforcement agencies. The biggest impact the constitution has on police organization is in regards to arrest‚ innocent until proven guilty‚ arrest warrants‚ search and seizures‚ and working within the basic rights the constitution affords all suspects. Many officers take an oath regarding his or her role and the constitution upon being sworn in. Although not all agency oaths
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which monitors the sentence enforced by the court‚ incarceration (misdemeanor or Felony)‚ rehabilitation (trying to "cure" the offender). Each branch depends on one another in order to Function For example: law enforcement make’s sure that they arrest those who break the
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In the investigation stage evidence is collected from the scene of the crime. In the warrant stage the judge issues a warrant for the police officer to make an arrest it also covers the police officer from any damages. In the arrest stage an arrest is made to either an adult or a juvenile and they are taken into custody. In the booking stage there are photos taken‚ fingerprints are taken‚ and other personal information
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Criminal Justice Term Paper Throughout the Criminal Justice System there are many causes where people discuss the matters of arrests and probable cause. In the case of Garcia vs. Merced County probable cause and search warrants were discussed. The case centers around a criminal defense attorney who was accused of being willing of smuggling contraband to county inmates. John Garcia was accused of the crime by Officers Cardwood and Taylor based on information given to them by an inmate informant named
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Thomas Robertson Sunday August 19‚ 2012 Human Rights Search and Seizure First let me start off by saying that‚ after reading the account of what happened to Trixee‚ in my opinion Trixee has a VALID argument that both Officer Fletcher and manager violated her fourth amendment rights against “search and seizure” as well as her constitutional rights. I will now explain my opinion by clarifying the Issues of fourth amendment violation by ShowTime and Officer Fletcher‚ the rules (laws) that were
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