Search and seizure

court. We can’t just arrest someone for bearing arms, after all, it states in the second amendment that people have the right to bear arms. I firmly believe that we should pay more attention to this issue, the fact that law enforcement agents can search us without a warrant just because they felt like we were suspicious, because this issue often gets abused. It seems like every single time I turn the tv on and switch the channel to the news, I always hear of a new…

off how they look, or act socially; and search them in New York city. While new york has shown a extravagant decrease in crime as of late, there is no concrete evidence that states that the stop and frisk laws are the reason. I personally do not believe that stop and frisk laws are Constitutional. It is very difficult for me to justify how this is legal under the fourth amendment rights against illegal search, and seizure. The rights apply to the seizure as it relates to the stop or detaining…

The journal “Police stop-and-frisk practices: an examination of factors that affect officers’ decisions to initiate a stop-and-frisk police procedure” by Avdi S. Avdija , he writes about how the stop and frisk procedure works, and the requirements the police officers have to follow. Avdija mentions, “There were 14 predictors or reasons that were typically used by the police officers to justify the initiation of a police stop procedure on a suspect. All were recorded /measured dichotomously with…

officer was not entitled to search the car because Gant was arrested for a traffic offense. The Arizona Lower court rejected the motion on the grounds that the police officer had probable cause to search the car. The judge stated that the police officer saw Gant driving without a license and was arrested after his got out of his car. Also, that the exception to the fourth amendment is that if the police officer…

During any criminal proceeding, the law can either help win the case or lose the case. Every case is unique, whether it is a murder case or a simple assault case. This is why clients need skilled, knowledgeable attorney 's so that they can receive fair trials without police and investigators introducing evidence which may be illegally seized during an arrest. The judge has the ultimate decision whether evidence should be excluded or not, so bringing forth the Constitutional Rights of one 's…

considered the search a violation of the Fourth, Fifth and Fourteenth Amendments. Chief Justice Warren and Justices Clark, Black, Douglas, Brennan and Stewart agreed the police abused their power against Mapp’s will. Moreover, the Supreme Court applied the exclusionary rule to the case, which means evidence obtained illegally can’t be used in court. The Constitution stated the police need a warrant in order to search a person’s house. Therefore, any evidence obtained without a search warrant…

The policy that the New York Police Department has is questionable, with the information that given in the article. The article states, "The stop-and-frisk policy -- in which police stop, question and frisk people they deem suspicious, even if they've committed no crime -- has been one of the most controversial policing techniques in recent time, fueled by clashes between civil rights and civil liberties groups challenging the practice as racist and illegal" (Boyette & Martinez, 2013, p.1). I do…

Alba Zhingri Terry vs. Ohio This case was decided on June 10, 1968. Detective Martin McFadden was known on the Cleveland police force for his skill in apprehending pickpockets. He was patrolling for many years. On October 31, 1963 he saw two men, John W. Terry and Richard Chilton, standing on a street corner and acting in a suspicious way. Both men were repeatedly going back and forth along an identical route, pausing to stare in the same store window. They were joined by a third man Carl Katz…

some sort of illegal substance. Because the dog was alerted by the scent, the officer then had probable cause to search him. As he searched the man, the officer did find illegal substances that the dog smelt. The man was then arrested and charged with possession of illegal substances. The dog’s alertness gave the police officer all of the probable cause he needed to then conduct a search on the man, or on the man’s property; a police drug-detection-dog has a reliable, trained nose that police…

Fourth Amendment The Fourth Amendment is meant to protect the citizen from unreasonable seizures and searches without a warrant. This includes having their homes, persons, and items in their homes searched by police as well as other officials. Following the Amendment, if a police officer suspects that a citizen has is perpetrating or is taking part in a crime, the office has first to obtain a warrant legally. The warrant has to be granted by a judge before the offer can enter the property of…