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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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?” If it
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location of the search. Under the plain smell doctrine‚ an officer can use his sense of smell as probable cause to search if there is an articulable belief that the origination of the odor is an illegal substance‚ or if it indicates an exigent circumstance. Plain smell is a principle under the plain view rule‚ which basically states that evidence in plain view of an officer is not protected by the Fourth Amendment‚ as “seeing” the evidence in that capacity does not constitute a “search”. For the plain
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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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consolidated. “Search and seizure” refers to the methods used by law enforcement to investigate crimes‚ track down evidence‚ question witnesses‚ and arrest suspects. It also refers to the legal rules governing these methods. Every citizen has the right to be free from unreasonable government intrusion into his or her person‚ home‚ business‚ and property. Lawmakers and the courts have put in place legal safeguards to ensure that law enforcement officers conduct searches and seizures only under certain
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COURT FOR CHESAPEAKE COUNTY‚ MD APPLICATION AND AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT I‚ Det.‚ of the Metropolis Police Department‚ the Affiant‚ being duly sworn‚ request the issuance of a Search and Seizure Warrant and states as follows: 1. APPLICATION AND VIOLATIONS OF LAW: The Affiant hereby makes application to_____________Judge ________________ a judge of the Circuit/District Court for Chesapeake County‚ MD for a Search and Seizure Warrant on the grounds that there is probable cause‚ the basis
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Why is the IV Amendment Important? When crossing the Arizona California state border‚ there might be a policeman searching your car for illegal substances. This is illegal‚ “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 cause‚ supported by oath or affirmation‚ and particularly describing the place to be searched‚ and the persons or things to be seized
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Did the police conduct a lawful search and seizure under the guidelines described in the text. Explain why or why not. o Was the suspect’s Fourth Amendment rights violated? • Was it reasonable? • Was there probable cause? o What evidence in the case study led you to this conclusion? o What about the arrest was conducted in a proper manner? In an improper manner? o When did
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MEMORANDUM ON DEFENDANT’S MOTION TO SUPPRESS STATEMENT OF FACTS Owyhee County is located in the south west corner of Idaho. The Owyhee Mountains fill the west portion of Owyhee County. Mud Flat Field and Marmaduke Spring are located in the Owyhee Mountains‚ in the west central portion of Owyhee County‚ south of South Mountain and north of Juniper Mountain. The Mud Flat Field is approximately two miles long from North to South. The south end of the Mud Flat Field borders the Mud Flat road.
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freedom can only exist in doing what’s right.” Without doing what is right‚ true independence and freedom can’t exist. Depriving the right to privacy for a citizen occurs when a warrantless search or seizure takes place‚ it also denies security of the citizen. Warrantless searches and seizures are mostly not justified by the law. The safety of a citizen is affected from unfair and unwanted arrest. With a probable cause and a warrant in place‚ the search or seizure may take place and be appropriate; without
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