Warrantless Search & Seizure Criminal Procedure/CJA364 July 11‚ 2013 Russell Galbreath‚ MPA Warrantless Search & Seizure Introduction Navigating the Fourth Amendment and the law of warrantless searches and seizures largely involves case law rather than statutes‚ and today’s principles are the results of more than 200 years of judicial evolution. The constitution has been the back bone of the United States legal system since it was first written and signed by our founding fathers. This document
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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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What is a seizure? A seizure is a sudden disruption of the brain’s normal electrical activity accompanied by altered consciousness and/or other neurological and behavioral manifestations. Epilepsy is a condition characterized by recurrent seizures with symptoms that vary from a momentary lapse of attention to severe convulsions. Types of seizures Grand-Mal Seizures – This type of seizure presents as a generalized tonic-clonic seizure that often begins with a loud cry before the person having
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A. Fourth Amendment: Reasonableness Requirement The Fourth Amendment prohibits unreasonable searches and seizures of persons‚ papers‚ houses‚ and effects by the government. A search or seizure occurs when the government violates a person’s reasonable expectation of privacy. Under two-prong Katz test‚ a reasonable expectation of privacy exists‚ where (1) a person exhibits a subjective expectation of privacy‚ and (2) society deems the expectation objectively reasonable. Under the subjective
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Search and seizure in a school setting has always been regarded as a very sensitive topic. Some of the questions that arise are what is deemed to be reasonable grounds to search? What particular rights are there to search? When focusing on the Charter of Rights and Freedoms‚ Section 8 guarantees the right to be secure against unreasonable search or seizure. (Mckay and Sutherland 2006) I will be focusing on two cases that went to court and what can be concluded based on these cases is that there
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How would you feel if a murderer escaped custody because he wasn’t properly handcuffed and killed your family? Handcuffs are the most common form of restraint device used by law enforcement officers. Handcuffs can be made of metal or plastic. They have two hinged circles that open‚ then close to encircle the wrists‚ holding the restrained person’s hands close together. The two wrist-cuffs are most commonly attached with a short length of chain‚ but might also be attached with a hinge or with a rigid
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ABSTRACT In this paper I will discuss a homicide scenario that involves a widow Mary Ellis and her son William Ellis and neighbor Clyde Williams. I will discuss how the 4th Amendment relates to the story and several court cases. This paper will also include what is needed for police to obtain a warrant and what circumstances will allow law enforcement to enter a residential home. I also plan to discuss what the meaning of the exclusionary rule and fruit of the poisonous tree doctrine. This paper
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permit. The defendants ended up arguing that the search violated their Fourth Amendment rights because it was not supported by probable cause. The court sided with the Officer saying that stops and frisks are less intrusive than full blown searches. It also stated that officers need to have some leeway
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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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Low-Background Muon and Neutron Benchmarking for Applications in Ultra-Rare Event Searches John Greavu‚ Mentor: Professor Priscilla Cushman Purpose The primary purpose of this study is to measure‚ to a high precision‚ the muon and neutron backgrounds experienced at the Low Background Counting Facility (Fig. 1) in the Soudan Underground Laboratory. An active muon veto shield lining most of the interior‚ in addition to a neutron detector—the Neutron Multiplicity Meter—in the facility‚ allow for benchmark
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