A Different Perspective on the Law The United States has had an effective law enforcement system for hundreds of years‚ which has revolutionized itself starting with the implication of the Constitution to the lawless west and effectively to where it is today. The American criminal justice system has many branches and occupations‚ all of which focus on a common goal of keeping our nation as safe as possible. In the following paragraphs‚ I will discuss an interview with a San Diego Police Officer
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“According to the United States Constitution‚ it does not use the word “arrest” the fourth amendment provides: “The right of the people to be secure in the their persons‚ Against unreasonable… seizures‚ shall not be violated‚ and no Warrants hall issue‚ but a probable cause‚ particularly describing the person to be seized(Gless 279).” The true definition of arrest is the use of authority to deprive a person of his or her freedom of movement. Most of the time an arrest is made with a warrant. Meanwhile
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referred to‚ the Terry stop. The term stop and frisk refers to the practice by the New York Police Department in which a police officer stops and questions an individual and then frisks them for weapons. This tactic gives officers the power to stop and search anyone only if the officer has reasonable suspicion and they suspect the person is involved in criminal activity or is in possession of something illegal. The reason this practice was used was to prevent crimes from taking place or to
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safe if the right against unreasonable search and seizure‚ freedom of speech‚ and right to privacy are altered. Americans have many rights; one of them being the right against unreasonable searches and seizures. The fourth amendment of The Bill of Rights says that people have a right to not be hassled or investigated without reason. “The right of the people to be secure in their persons‚ houses‚ papers‚ and effects against unreasonable searches and seizures‚ shall not be violated…” (US Const. amend
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the Supreme Court case Terry v. Ohio‚ 392 U.S. 1(1968) . In that landmark case‚ it was ruled that the Fourth Amendment constitutional right‚ made applicable to the States through the Fourteenth Amendment‚ that prohibits “unreasonable searches and seizures” of individuals by American government agents‚ is not violated‚ when police officers detain‚ for a short period time an individual whom they reasonably believe to be committing‚ have committed or about to commit a criminal activity.
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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” (Buren). Searches and seizures of someone’s home without a warrant are presumptively unreasonable. However‚ there are some exceptions. A warrantless search may
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Terry v. Ohio Case Project | | | | | Victoria Swannegan | 12/2/2010 | | In 1968 a case called Terry v. Ohio took place. This case made a big impact on the police departments of the United States by giving officers more reasons to make an arrest. A "Terry Stop" is a stop of a person by law enforcement officers based upon reasonable suspicion that a person may have been engaged in criminal activity‚ whereas an arrest requires probable cause that a suspect committed a criminal
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Amendment rights were violated and thus his suppression motion should be granted. The Fourth Amendment of the U.S. Constitution states: 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. U.S. Const. amend. IV The Fourth Amendment
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unless the officer has: a valid arrest warrant‚ a valid arrest warrant‚ or a belief that level of "probable cause" committed by the individual. When police officers violate the constitutional rights of an individual under the Fourth Amendment and search or seizure is illegal‚ any evidence derived from such investigation or detention will certainly remain outside of any criminal case against the person whose rights have been violated. For example‚ the arrest was found to violate the Fourth Amendment because
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Law Police and the Law of Rule is a key component of the Fourth Amendment which controls law enforcement officials. The Fourth Amendment contains two parts: the reasonableness clause and the warrants clause. Each clause is independent because a search can be reasonable without a warrant‚ but if a warrant is required‚ certain steps must be taken. There are 3 requirements that must be met before a warrant can be secured. There are 6 general rules for serving warrants .Police and the Rule of Law
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