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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police have prior justification for an intrusion in the course of which he inadvertently came across a piece of evidence incriminating the accused. However‚ a limitation to the plain view rule is that plain view alone is never enough to justify warrantless seizure of evidence. The item ’s imcriminating characteristic(s) must be immediately apparent. In Horton v. California‚ a police sergeant investigating a robbery had a warrant to search petitioner Horton’s home. The warrant issued specified a search
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Running Head: PROBABLE CAUSE 1 Probable Cause leading to Search Warrant’s Nicole Yaniero AIU Online PROBABLE CAUSE 2 Abstract This paper discusses the underlying circumstances to obtaining a
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Since the new modern GPS tracking systems appeared‚ parents have been chipping their children invading their Childs privacy. It affects the children’s life and ruins the fact that they have freedom and privacy. Paranoid moms and dads have been chipping and GPS tracking their children since the day these devices came out to monitor their every move. Although the parents are trying to keep their children safe‚ it’s not fair that the children‚ mainly teens‚ can’t have any freedom. Everywhere they go
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Search Warrants and Probable Cause Training Search Warrants and Probable Cause Training Welcome to the Federal Agent/Law enforcement combined in-service training. Over the next two weeks we will be spending time with our fellow agents as well as local officers in this refresher course. The federal agency takes pride in making sure that their agents are top notch in training and being properly informed on laws and expectations. Search warrants and the Fourth Amendment Let’s start with what
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exceptions to the Fourth Amendment’s warrant requirement. Warrantless searches are per se unreasonable under the Fourth Amendment subject only to a few specifically established and well-delineated exceptions. The most common form of warrantless searches is called consent searches. This occurs when police ask for permission to search and someone with authority to grant consent agrees to give such permission. Another common type of warrantless search is called a search incident to arrest (David W. Neubauer
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law enforcement maneuvers their authority by pulling over a vehicle and directing a search if there is reasonable cause such as alleged illegal arms trade. The open-fields search in the U.S. Law of Criminal methods is the legal principle that a "warrantless search of the area outside a property owner’s curtilage" does not violate the Fourth Amendment to the United States Constitution. The court summarized its three conditions for the plain view doctrine to be cited. First‚ the law enforcement officer
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of Terry v. Ohio is considered to be a landmark case because it is “understood to validate the practice of frisking (or patting down) suspects for weapons under diverse circumstances” (www.flexyourrights.org). These circumstances that allow for warrantless searches are applied only if and when an officer feels that peoples lives could be at risk‚ or if there is enough cause to believe that “a crime is in the process of being committed‚ a crime has already been committed‚ or that a crime was about
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Terrorism and Counterterrorism in the United States On September 11th‚ 2001‚ at 8:46 AM the United States experienced something that would transform it forever. The first aircraft smashed into the North Tower of the World Trade Center and the second hit the South Tower at 9:03. At 9:37 a third airliner hit the Pentagon and at 10:03 the fourth crashed in a field in Pennsylvania. This was a truly sad day when nearly 3‚000 people were killed in this violent terrorist act. It has not stopped there
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According to the Fourth Amendment‚ The right of people to be secure in their persons‚ houses‚ papers‚ against unreasonable searches and seizures shall no be violated and no warrants shall issue‚ but upon reasonable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized. Protection from unreasonable searches and seizures requires police‚ if they have time to obtain a valid search warrant‚ issued by a magistrate after the
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