INTRODUCTION Rules for searches conducted in plain smell are complex and varied based on the circumstances and location of the search. Under the plain smell doctrine‚ an officer can use his sense of smell as probable cause to search if there is an articulable belief that the origination of the odor is an illegal substance‚ or if it indicates an exigent circumstance. Plain smell is a principle under the plain view rule‚ which basically states that evidence in plain view of an officer is not protected
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Search and Seizure Tatiana Santos The Criminal Justice System CCJ 3024 Abstract The purpose of this assignment is to look in further to the rules and regulations‚ or rather; laws that police officials must abide by when executing their duties. These rules and regulations include search and arrest warrant in addition to protocol that the Courts oversee for public search and arrest. There are certain requirements that must be met by an officer in order to obtain a warrant. Such must be
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She was diagnosed by a neurologist at the Psychiatric Clinic Wurzburg that she had Grand Mal epilepsy (Chasing the Frog). Grand Mal is a form of epilepsy characterized by tonic-clonic seizures. The tonic phase makes the body go rigid and the clonic phase is where one undergoes uncontrollable jerking. The seizures are commonly followed by deep sleep‚ headaches‚ and confusion (Medterms). Often times while praying Anneliese would undergo “devilish”
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Terry v. Ohio‚ 392 U.S. 1 (1968) Facts of the Case An police officer by the name of Mcfadden observed two men standing at a street corner. He noticed that the two men would take turns on looking inside of the window store. This happenedd about twenty four times and each time they did it the two men would have a conversation. After a while a third guy had joined the duo and then left. After the detective witnessed that action he had suspected that they were casing the store to burglarize the
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be searched‚ and the persons or things to be seized (Cornell University Law School‚ No Date).” The first part of this section states that no warrant will be given unless there is probable cause that will lead the judge or magistrate to believe that there is a very good reason to invade the privacy of a citizen. If there is not enough evidence for the judge to justify the signing of a search warrant‚ then the officer needs to try and find more evidence that will bolster his or her case. A search
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not a stranger‚ but a highly esteemed officer of the law‚ whom unreasonably dissected his possessions. Under the Fourth Amendment of the Constitution of the United States‚ citizens are protected against the unbridled and unreasonable searches and seizures. One exception is through consent to the search. Schneckloth v. Bustamonte‚ 412 U.S. 218‚ 219 (9th Cir. 1973). Petitioner David Fallsbauer can demonstrate through established case law that the consent his mother gave was ambiguous. Because his mother’s
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rights and equal protection of the law including minors. The fourth amendment also states and proves the right of the people to be “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
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did not violate a Fourth amendment violation since the government did not control the telephone wires and the agents did not trespass onto the property of Olmstead and it was gathered by hearing (souza). The Court said that there was no search or seizure since the government did not go onto the property or seized any papers that are protected under the Fourth Amendment ("Katz V. United
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how often carding takes place and asks the question that is the legal issue is carding individuals a violation of the charter? The canadian charter of rights and freedoms states “8 Everyone has the right to be secure against unreasonable search or seizure. 9 Everyone has the right not to be arbitrarily detained or
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Warrants‚ Seizures‚ and Searches Criminal Justice 3100 A very large and debatable part of Criminal Evidence and Procedure that has and can cause many issues is warrants. A warrant is “a written order issued by a judicial officer or other authorized person commanding a law enforcement officer to perform some act incident to the administration of justice” (Warrant 1). The first statement of freedom from unreasonable searches and seizures appeared in The Rights of the Colonists and a List of
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