someone you know was stopped unfairly by the police and taken into custody and questioned. On top of that the only explanation given was you looked “suspicious” or “shady” and decided that was grounds to search you for anything illegal or dangerous. Maybe they had a legitimate reason for the search or maybe they just they thought it would ease their mind if they searched you anyway. This may seem like something that is outdated and ludacris and doesn’t exist in today’s culture anymore because it was
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and arson investigators need to be aware of search and seizure laws. There have been several court decisions and laws created regarding proper search and seizure procedures for fire and arson investigators. Research into these laws and court rulings will help fire and arson investigators understand what type of search warrant is required‚ if search warrants can be obtained‚ and who can obtain a search warrant. Search Warrants for the Fire and Arson Investigator
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This amendment is not as relevant in today’s times‚ but it was an issue for many Americans at the time. FOURTH AMENDMENT The Fourth Amendment protects citizens from police. The police could not senselessly harass a citizen. The police could only search through a citizen’s personal property with a warrant. FIFTH AMENDMENT The Fifth Amendment lays out the boundaries for the protection to defendants in court cases. Defendants can choose to leave
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and Frisk Introduction Police Officers work for many hours and most of those hours are stopping people on the street to see what they carry. Stop and frisk is “One of the most controversial police procedures is the stop and frisk search. This type of limited search occurs when police confront a suspicious person in an effort to prevent a crime from taking place. The police frisk (pat down) the person for weapons and question the person‚” (Farlex‚ 2008‚ pg. 1). How stop and frisk became the system
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Stop and Frisk Shauna Hinchley CJ105 April 29 2013 Mr. Kagawa Stop and Frisk The stop and frisk is when a police officer stops a person‚ one he/she believes is suspicious individual‚ and with lawful intent‚ pats down in search of a hidden weapon in the suspect ’s clothing. It seems like a controversial law‚ arguable yet justifiable. How would you feel if you were stopped by a policeman? Probably scared‚ angry‚ and even confused? Of course‚ if you were innocent. What if you were a drug dealer
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Basic search and seizure warrant requirements A search occurs when an expectation of privacy that society considers reasonable is infringed by a governmental employee or by an agent of the government. Private individuals who are not acting in either capacity are exempt from the Fourth Amendment prohibitions. A seizure refers to the interference with an individual ’s possessory interest in property. To meet the definition of an unreasonable seizure‚ the property ’s owner must have had a reasonable
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Chapter 5 is called "Searches for Electronically Stored Information and Electronic Surveillance." It examines how technology has changed the way information is exchanged and stored. Electronically Stored Information (ESI) searches follow the Fourth Amendment‚ like traditional searches do‚ and require a warrant. This type of information includes data such as computer files‚ computer programs‚ memory cards and sticks‚ CDs and DVDs‚ servers‚ floppy disks‚ tablets‚ thumb and jump drives‚ tape media
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Stop and frisk is very beneficial because the law enforcement officers has a reasonable suspicion to stop an individual if a crime has occurred or plan to occur. “Stop and frisk is essential to the probable cause and warrant requirements.” (Hall‚ p. 415‚ 2015). Many times law enforcement officers do not follow the stop and frisk and abuse the law by doing the opposite by following the law. It is important that law enforcement take authority when necessary instead of making citizens feel unsafe and
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On 10/24/2016‚ I‚ Dillon Dickerson‚ badge #155‚ was working as a Patrol Officer for the Wichita State University Police Department‚ in Wichita‚ Sedgwick County‚ Kansas. At approximately 0125 hours I was dispatched to the area of Perimeter and Physical Plant to assist Officer Tener #147 and Sgt. Garwood #126 who were checking the welfare of an indivudal. I arrived to this area at approximately 0128 hours. I noticed a white male sitting on the curb yelling and banging his fist on the ground. I walked
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Curtilage is the immediate area surrounding persons home (Hall‚ 2014). This area is considered part of the home and is afforded the protections of the Fourth Amendment (Hall‚ 2014). Open fields is a doctrine that states certain areas around ones home are not considered curtilage‚ and therefore these areas are not afforded the same protections under the Fourth Amendment (Hall‚ 2014). The U.S. Supreme Court has stated the areas considered to be open fields are areas law enforcement can encroach
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