Foundations of the Criminal Justice System Essay

1238 Words 5 Pages
Criminal Justice System
Shelby Goodwin
Professor Debra Shiftlett-Picardi
Foundations of the Criminal Justice System

Search Warrant Issue Process and Fourth Amendment Requirements The Search Warrant is known as an order being written and issued from the officials of the court. The warrant bestows the officer full authority to find a person at a particular place while looking for particular objects and to take possession if objects are found with the person. As per the criminal court, the constitution of a specific state can be the basis on which search warrants can be sought. Search Warrants objects comprises of commission of crimes along with stolen goods and other things such as black marketing, narcotics and smuggling.
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2. Exception in the form of Plain View If the police are located in the vicinity from where they can see the evidence, then no warrant is required for the police to act legitimately. Officers don’t have the right to enter a violator’s backyard, then using the plain view exception to get hold of an alligator who resides in the pool. If the officer has the right to search for marijuana in vicinity, then he can even seize the alligator which is there in the pool (Criminal Justice, 2008). For instance consider a case where John’s neighbor calls a police when he was beating his wife. When the police enter the house under the emergency exception, they see John’s gun hanging on the wall. John gets caught up for beating his wife and for holding illegal guns.

Probable Cause & Its Standards

Probable cause should not be based on suspicion and should greatly rely on factual evidence. There are four categories in which probable cause sources cab ne placed.

Observation

This comprises of the information being obtained by the officer through the use of the five senses including the smell, hearing and sight. The category also includes dubious manners related to criminal activities such as headlights being flashes and roaming around a particular neighborhood.

Expertise

This comprises of the special skills that officers have to detect

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