that means is if the police officer obtains evidence in a good faith belief that they have complied with your constitutional rights‚ that evidence can still be used against you even if we later find out that there was a problem with the search and seizure. So if the police go to a judge‚ obtain a warrant‚ search your home and find drugs‚ they find out a week later that there was a problem with the warrant and that technically it was an illegal search. The drugs still come in against you because the
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The Fourth Amendment of the United States Constitution protects people against unreasonable searches and seizures. Modern officials have granted police officers in New York City an incentive to respect the amendment. The Stop and Frisk program employed by the New York Police Department‚ gives police officers the right to initiate a stop of an individual on the street allegedly and do a quick search of their outer clothes for weapons based on if the officer has a reasonable suspicion that a crime
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provides that "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” (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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social status does not decrease their value as humans. Officers must keep law and order in communities‚ but citizens have the right to not be unduly mishandled or injured by officers. The U.S. Constitution protects Americans from illegal search and seizure. Facts and observations have been provided about police conduct and their role in society. It promotes the argument that
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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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of illegal drugs discovered in the search? (United States v. Aukai 2007) According to United States v. Aukai a airline passenger can not object to a secondary search because it is not going against there constitutional right of illegal search and seizure if conducted the right way because they are conducted as part of a general regulatory scheme in furtherance of an administrative purpose to prevent the carrying of weapons or explosives aboard aircraft‚ and to prevent hijackings. as well as passengers
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readings the plain view doctrine states “that items that are within the sight of an officer who is legally in a place from which the view is made may properly be seized without a warrant—as long as such items are immediately recognizable as subject to seizure”. There are some requirements of the plain view doctrine. One requirement is the awareness of the items solely through the officer’s sight. Another requirement is that the officer must be legally in the place of where the item is seen. There are a
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description‚ and acted merely suspicious in the officer’s presence. This initially identification is where the detention had occurred in this particular case. The plain view doctrine also states that an officer has the ability to make a warrantless seizure of an object that is involved in a crime if the officer can identify the object in plain view (Terry v. Ohio‚
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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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governmental searches and seizures‚ but not those done by private citizens or organizations who are not acting on behalf of a government. An important test case of the Fourth Amendment was Katz v. United States (Document A). This case showed that if a person seeks to keep as private‚ even in an area accessible to the public‚ may be constitutionally protected. But‚ in the case of DLK v. United States of America‚ did the government go too far in using its power of search and seizure? There are three main
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