8.1 Search and Seizure Does the police officer’s use of the GPS without first obtaining a search warrant constitute an unreasonable search in violation of the Fourth Amendment? No‚ the use of the GPS without first obtaining a search warrant do not constitute an unreasonable search in violation of the Fourth Amendment because the Fourth Amendment permits police officers to conduct a warrantless search. The warrantless search allowed the police officers to attached a global positioning system GPS
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Ethical Dilemma’s in Decision Making Steven A. Hayes Wilmington University Abstract Throughout history law enforcement officers have been given the power and responsibility to use discretion while preforming their assigned duties. In early history‚ law enforcement officers were given a lot of discretion‚ where as now‚ they do not. Many laws have restricted officer discretion because of abuse. There are many different scenarios when and how an officer can use discretion and as well as how
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Lakeitha Walker CCJS 234 7380 Criminal Procedure and Evidence (2148) 02 November 2014 Warrantless Search and Seizure Memoranda To: Judge Kratovil From: Lakeitha Walker RE: Elliot Watson Case – Marijuana Possession with Intent to Distribute Prosecution Date: 2 November 2014 Brief Summary: Elliott Watson was arrested for the possession of marijuana with the intent to distribute said illegal drug. Elliott Watson was stopped by Officer Timothy Johnson because of faulty mechanical problems
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the various stages. The content will be an overview of the criminal justice system as well as a description of the police officer‚ district attorney‚ defense attorney and local magistrate roles. The prosecution should become involved in a case post arrest and stay out of the original stages of the investigation to avoid a miscarriage of justice. A defense attorney can become involved in a case before the person is investigated or arrested because everyone has the right to counsel at any time. A magistrate
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justice system a police officer or crime scene investigator cannot legally search a person or property without a search warrant. There have been ongoing debates and revisions on the legal requirements and circumstances under which it is necessary to obtain a search and seizure warrant before crime scene processing. According to the Fourth Amendment search and seizure requirements‚ a warrant is required any time a reasonable expectation of privacy exists. Therefore‚ in an effort to protect the right of
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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 be seized." In simplest terms the Fourth Amendment says that all searches are to be conducted under authority of a warrant( Barany). Many times this amendment is violated which can result in the dismissal of a case‚ release of a guilty suspect‚ or the arrest of an innocent individual that was not properly
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crime and the arrest of the suspect. The next step following the investigation is the pretrial activities‚ which include the first appearance‚ a preliminary hearing‚ information or indictment‚ and arraignment. Following the pretrial activities‚ is adjudication‚ this is where there is a trial by jury. A trial is heard and settled by this judicial procedure. Following adjudication the sentence is given. Lastly‚ the corrections stage begins. The first step‚ investigation and arrest‚ is very important
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marijuana‚ they must first obtain a search warrant under the Fourth Amendment‚ unless there are exigent circumstances such as destruction of evidence‚ hot pursuit‚ or some other exception that applies. Although the Fourth Amendment protects a man’s home‚ neither the home nor all the surrounding objects are beyond the capacity of being searched under proper circumstances. If the police officers possess a search warrant to search a particular home‚ the warrant may extend to include vehicles parked within
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with Su911 to check if he had a valid DL and if he had any warrants. Dispatch advised that Hansen’s DL was expired out of Texas. I also had them run Hansen in Kansas to see if he a valid DL‚ Dispatch advised his DL was also expired out of Kansas. Dispatch also advised Hansen had a warrant out of Lyons Co. I asked if they could verify if the warrant was good to arrest
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Illinois‚ Supra and United States v. Di Re‚ 332 U.S. 581 (1948). In Ybarra‚ police officers obtained a warrant to search a tavern and its bartender for evidence of possession of a controlled substance. Not only did the police search the tavern and the bartender but all the patrons that were present as well. This violated the search warrant and violated all the patrons’ constitutional rights. Ybarra was among the patrons searched and on him an officer found a cigarette
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