Justice Antonin Sacalia delivered the opinion of The US Supreme Court regarding Ashcroft‚ John D. V. Al-Kidd‚ Abdullah case. Following the 9/11 terrorist attacks‚ Al-Kidd Abdullah was arrested by Federal agents as a material-witness‚ after obtaining a warrant from a federal judge. Under the material-statute‚ in the US‚ a witness qualified as determinant to the issue of a criminal proceeding could be arrested in order to secure his testimony. Thus‚ Abdullah Al-Kidd will be arrested as a determinant witness
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exclusionary rules associated with unwarranted searches and seizures‚ now we need to look at warranted searches and seizures. The Fourth Amendment requires that no warrants be issued unless based on probable cause by a sworn Affirmation‚ this applies to all warrants whether they are for search or seizure. In order to understand the concept behind warrants‚ we must also understand probable cause. The Supreme Court has defined probable cause as more than mere suspicion. The facts an officer is acting upon must
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seizures‚ and provides that no warrants shall issue but upon probable cause supported by oath or affirmation‚ and particularly describing the place to be searched and the persons to be seized. In order to establish probable cause‚ the officer must establish that there is a fair probability that the area to be searched contains evidence or the person to be arrested has committed a crime; a mere possibility is insufficient. A search without a warrant is presumed unreasonable absent
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Snipes has planned over ten search warrant operations during this rating period. Occasionally the operations he is assigned to plan involve more detail‚ are more complex or involve unusual or special circumstances. Cpl. Snipes understands what is needed in a search warrant entry plan and what areas are likely to raise concerns or possibly cause problems. He plans for these areas and informs me of them
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Probable Cause: Probable cause is the legal standard by which a police officer has the right to make an arrest‚ conduct a personal or property search‚ or obtain a warrant for arrest. While many factors contribute to a police officer’s level of authority in a given situation‚ probable cause requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime. Common examples of probable cause include the sight or smell of contraband in (plain view or plain
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to the exclusionary rule that I have found and these are: 1. The good-faith exception-any evidence gained by law enforcement using a search warrant
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Abstract Depending on which state a person is within‚ the criminal justice changes in rules‚ procedures and terms; the punishment for crimes committed within the United States are all alike. A crime is considered any act that pays no attention to the federal laws of America. However‚ not all violations of law are held to the highest standard of punishment. Offenses can differ from a speeding ticket to homicide. Depending on the offense committed will determines the result of the punishment. The
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and for any purpose shall be inviolable‚ and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce‚ and particularly describing the place to be searched and the persons or things to be seized. - human rights and protection to their property and themselves against the search warrant without evidence against them except to prove that when
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possessions searched or confiscated by law enforcement without a legal warrant. It pretty much protects citizen’s privacy. But there are positive and negative effects from this. It protects the citizen’s from law enforcement from searching on the spot without legal documentation authorizing it. On the other hand‚ thou‚ it could help criminals dispose of evidence while a judge signs a warrant. The magistrate or judge issues the warrants for arrest and search and seizure not the police officer. There are exceptions
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believed that she was hiding a fugitive in her home. When she did not allow the police officers into her home‚ the police officers left and came back three hours later with a search warrant. When Ms. Mapp asked the police officer if she could see the warrant‚ he held up a piece of paper that was believed to be a fake warrant. The police officer
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