Discussion of Search Warrants and Probable Cause Larry Brueland AIU Online ABSTRACT This paper will review the definition and discuss the process in which a search warrant is obtained in accordance with the Fourth Amendment requirements. We will also show the definition of Probable Cause and the standards for which it is met. There are seven types of searches that do not require a warrant. We will list these seven types of searches‚ but will discuss only two in full detail. As part of the
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Ethics in Criminal Procedure Harold Grier CRJ 306: Criminal Law & Procedure Instructor: Carolyn Davis September 15‚ 2011 Ethics in Criminal Procedure No matter what profession an individual is in all of them have a code of ethics. Individuals that are in a position of power such as judges‚ prosecutors‚ defense attorneys‚ and police officers can have a profound effect on our lives as they make tremendous crucial decisions every day. Members of the criminal justice system have a code
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Civil Procedure v. Criminal Procedure Nathan McNeil ENC 1102 34 Week 11 Individual Work Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces‚ estate distribution‚ work men’s comp.‚ injury cases‚ or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government
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the purpose of criminal prosecution or interrogation. An arrest‚ similar to searches‚ can be made with or without the use of a warrant‚ but regardless of whether or not a warrant was used probable cause must be determined in both cases. The main difference between the two is that in arrests that use a warrant‚ probable cause has been determined before the arrest by a judge or magistrate. In arrests made without the use of a warrant‚ the police make the determination of probable cause and have to be
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Criminal Procedure Policy Paper CJA/364 Criminal Procedure December 19th‚ 2011 William Mosley University of Phoenix Intro The contest of strength between the Crime Control Model and the Due Process Model is similar to attempting to satisfy every person‚ each and every second and no one some of the time. Debates are good for both models‚ but for all growth on one side‚ there must be one on the opposing side as well. The Crime Control Model‚ prosecutor or the police‚ is not in favor for
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of a crime in a court of law. As a result‚ they need all the support they need to put away the bad people. One way to support their work is assisting in the criminal procedures which can be described as the safeguards against the favoritism in the execution of criminal laws and the unchaste treatment of accused criminals. Criminal procedures‚ evidence‚ and testimonies
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THE REVISED RULES OF CRIMINAL PROCEDURE (RULES 110 - 127‚ RULES OF COURT) [Effective December 1‚ 2000] RULE 110 - PROSECUTION OF OFFENSES Section 1. Institution of criminal actions.– Criminal actions shall be instituted as follows: (a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112‚ by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all other offenses‚ by filing
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Criminal Procedure Policy Kristen Torres CJA/353 June 14‚ 2010 Kathleen H. Mooneyhan “Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Zalman‚ 2008‚ p. 4). The Fourth‚ Fifth‚ Sixth‚ Eighth‚ and Fourteenth amendments are significant in studying criminal procedure. In criminal justice‚ the criminal procedure
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Probable Cause Article Jason Martin CJA/364 October 13‚ 2014 A. Zimmer Probable Cause Article We have already gone over the 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
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Elements of a Crime and how the elements of a crime apply to the overall criminal procedure process? The three elements of crime are actus reus‚ mens rea‚ and the relationship between the two. Actus reus is commission or omission that is illegal. The act must be voluntary and must break a criminal statue. Mens rea is the guilty state of mind. Accidently switching briefcases with someone at an airport does not possess mens rea. (Jon’a F. Meyer‚ Diana R. Grant‚ 2003) The relationship of the two must
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