police actions regarding the collection of evidence‚ and what landmark cases were involved in establishing the exclusionary rule. 3. State the guidelines police must follow in conducting searches that do not violate citizens’ constitutional rights. 4. Identify the exceptions that allow search and seizure by police without a warrant. 5. State and explain the rights citizens are guaranteed while in police custody regarding interrogations and confessions. 6. Explain the circumstances under
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the trial court may forcibly put an end to evidence obtained in violation of proper procedure or even release the arrested suspect. This is an amendment that deals with each of the following: criminal due process‚ arrest‚ interrogation‚ search and seizure‚ Miranda‚ punishment‚ the right to jury trials‚ and the right to counsel. Criminal due process grants all people to be treated fairly and equally‚ especially to a citizen accused of a crime. The 5th amendment states that the federal government that
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investigate any wrong doing‚ is not practiced anymore. Every citizen has the right to have search and seizures regulated as to give proper checks and balances to the police. However that is not the case in the present United States. The Fourth Amendment in its drafted form‚ 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
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Scott R. Harvey Reasonable Suspicion Versus Burden of Proof in Current Policing Criminal Investigation 12S-CRJU-C312-A51 Dennis Thornton 14 January 2012 Abstract This paper will show how current “Stop and Frisk” (Terry Stop‚ SQF) methods exercised presently diverge greatly from the initial precedent allowed in Terry v. Ohio (1968) due to the inability to concretely define reasonable suspicion as well as the broad applications of reasonable suspicion since 1968. The most notable current
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Have you ever had a teacher who is always oblivious and doesn’t really pay attention to what students keep in their locker‚ even if it can cause a safety hazard? If you answered yes to this question‚ do you believe that a teacher or administrator should be allowed to search the locker of that student? Teachers and administrators should be allowed to search students’ lockers. Why they should be allowed to search the locker of a student is because of these three reasons: being able to search students’
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Review: " Suspect Searches: Assessing Police Behavior Under the U.S. Constitution" The article "Suspect Searches: Assessing Police Behavior Under the U.S. Constitution‚" by Gould and Mastrofski explores the police usage of unconstitutional searches. Unconstitutional searches are those that are in violation of the fourth amendment. The fourth amendment rights‚ along with certain case laws put forth the guidelines for legal stops‚ frisks‚ and searches. Gould and Mastrofski perform a direct observation
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model focuses more upon the rights of the accused instead of the rights of victims. The Fourth Amendment of the United States Constitution prohibits unreasonable search and seizures stating‚ "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
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she was found guilty and was put on probation. However‚ fourteen year old‚ Terry argued that the search of her purse was a violation of the fourth amendment‚ “unreasonable searches and seizures.” This case is a great example of a landmark case because it started the beginning of future decisions regarding searches and seizures at
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Mr Tigre‚ Unfortunately‚ a corporation can be charged and convicted of any number of crimes. If the employees or officers within a corporation violate the law on behalf of the corporation and within the scope of their employment‚ the corporate entity would be open to criminal charges. Corporations can be convicted of criminal wrongdoing in the same manner individuals are charged and convicted. In addition‚ individuals within the corporation can be charged as well. Commonly‚ when a corporation is
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United States Constitution. Evidence that was obtained from an unreasonable search and seizure that violates the Fourth Amendment or Fifth Amendment are found admissible in court under the Exclusionary Rule‚ if no exceptions apply. The establishment of the Exclusionary Rule was due to the rulings of several Supreme Court cases where it was found unconstitutional for evidence from an illegal search and seizure to be used against someone in court. The Exclusionary Rule is very important‚ as the evidence
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