autonomous but it is common for all three branches to share responsibilities and rely on information collected from various areas of the CJS. Some examples of necessary collaboration and communication situations between CJS branches include legal searches‚ investigations‚ and pre-sentence reporting. Supreme Court decisions or major state cases will also influence the roles and responsibilities of the CJS branches at both the state and federal levels (Fagin‚ 2017). Lastly‚ research
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red shirt‚ black pants and white sneakers‚ legal? Short Answer Yes. Mr. Green fit the description of a current suspect for whom a lookout was announced. He was noticed by the police and then detained. He was frisked by the arresting officer. Searches are deemed reasonable depending on the totality of circumstance when supported by probable cause‚ warrants or exigent circumstances. The victim’s backpack was in plain view in the vehicle. The warrantless search incident to the arrest was valid.
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The ideology of the Exclusionary Rule goes back as far as before Untied States gained its own independence. The Exclusionary Rule states that evidence obtained in a violation of the Constitution cannot be used in a criminal trial to prove guilt. Although this rule is not stated in the Constitution‚ it was established off of the rulings of the Supreme Court. The grey area of the Exclusionary Rule can be found here for that reason. Since the rule was set up based off the jurisprudence of the Supreme
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purpose of this proposal was to limit the power the British had over the American colonists. With this proposal the British soldiers now had to have a specified warrant and had to follow certain procedures before entering one’s home. Instead of random searches there now had to be a probable cause to enter and search the colonists homes‚ not only a probable cause but a judge approval for the
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interest in protecting its citizens and prosecuting criminal conduct; on the other hand‚ is the right of innocent citizens to be free from unrestricted searches and seizures and compelled confessions. Under British rule before the Revolution that established a sovereign United States‚ citizens were subject to unwarranted searches of their property and seizure of their persons for suspicion of criminal conduct without the need for justification on the part of government agents. This experience under British
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right by searching my car without a warrant or my consent. The officer in this situation violated the fourth amendment‚ which 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. (Fourth Amendment) The Fourth Amendment
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An arrest is defined as the taking of a person into custody against their will for 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
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Many training take places yearly to provide discussions to the importance of searches that are mandated under federal laws and in dealing with the legal ramification that are in support of the searches. There are plain understandings to the process in which warrants are sought after and issued that are required within the Fourth Amendment. Probable cause is well defined to what standards are set and met. Not all search warrants are equal but they must be very specific in their origin and at
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of routine strip searches of those who are arrested (even those who commit a minor crime such as‚ not wearing a seat belt) before being confined to either jail or prison. The U.S. Supreme court had to determine whether or not these routine strip searches were a violation of the Fourth Amendment. According to Walenta (2010)‚ the Fourth Amendment 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
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Claims for this side and against the NSA are their collection methods being unconstitutional to the 4th amendment‚ which prohibits searches and seizures without a search warrant (Gellman). Examples being the fact that when Microsoft bought skype‚ although they stated that it was to respect privacy‚ the information on it was all ready for the government (Greenwald 112). The 4th amendment was
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