On 01/30/2017 at approximately 1931 hours, I was dispatched by Cortez Dispatch, for a suspicious vehicle, described as a green Chevy pickup, at the Pueblo Community College located at 33057 Hwy 160, in the County of Montezuma, and State of Colorado. Upon approach, I saw a vehicle driving into the parking lot from the westbound lane on Hwy 160. Upon arrival, I saw the vehicle matched the description I was given. The vehicle drove through the parking lot and began to head back towards the exit. I saw a male subject standing outside of the main building, wearing a reflective security vest, waving his arms and pointing at the pickup that was heading towards the exit.…
Issue- Whether it was reasonable under the 4th amendment for the officers to enter a home without a warrant. Rule- Knock and Announce rule law enforcement has to knock and announce that they are police and wait a reasonable amount of time, usually seconds, before entering place before they search. (Wilson v Arkansas)…
Sierra Fischer Exam 3 Answer According to the Fourth Amendment, an officer must have probable cause or a reasonable suspicion that a crime has been committed in order to search and seize an individual. Speeding, as well as having tinted windows and a taillight being out is enough reasonable suspicicion to pull Lil Flet over and inspect the car. As breaking the law gives an officer a reasonable belief that there may be evidence of a crime located within the vehicle. Additionally, identifying the smell of a drug is enough grounds for a search as it gives the officer probable cause.…
.When it comes to getting arrested the police can do it two ways, they can do it with a warrant or without one. However both must have probable cause. The fourth amendment is what protects us from unreasonable searches and seizures. The two important thing with this amendment is the requirements of probable cause to get a warrant and it how it prohibits unreasonable search and seizures.…
As followed, searches incident to arrest do not require a warrant if the search is in radius of the suspect. The officer may search the surrounding area for illegal contraband or weapons. Ultimately, to protect the officers around as well as to collect valuable…
a) Consent to Search In R v. Wills (1992) the court found the following criteria necessary for a valid consent search: 1. There was consent, expressed or implied; 2. The giver of the consent had the authority to give the consent; 3. The consent was voluntary (not police coerced); 4. The giver of consent was aware of the police conduct; 5.…
Since in this case the circumstance is all an interpretation, it is later disputed in the court as to whether a warrant should have been issued. Another example of when you do not need a warrant is the plain view doctrine. This state anything in plain view of an officer my be seized without a search warrant. The court case Arizona v. Hicks, is a perfect example of how the plain view doctrine is used. In this case, police officers investigated a shooting in Hicks apartment.…
DAVID FALLSBAUER’S RIGHTS UNDER THE FOURTH AMENDMENT WERE VIOLATED BY THE POLICE OFFICERS, BECAUSE WHEN FACED WITH AMBIGUITY REGARDING THE A THIRD PARTY’S CONSENT TO SEARCH THEY FAILED TO MAKE A FURTHER INQUIRY. BY DOING SO, THE OFFICERS VIOLATED DAVID’S RIGHT TO PRIVACY. The primary question before this Court is whether police officers must make a further inquiry when faced with an ambiguity regarding a third party’s consent to search. The Federal Circuit Courts of Appeals have taken different views when deciding the actions a police officer must take when faced with an ambiguity pertaining to third party consent. It is crucial to our society that a person’s right to privacy is protected and able to be exercised.…
Personal Declaration of Independence from those with Sticky Fingers. Goodbye to anyone that this apply to, as what proceeds will inform you why I never want you back in my life. The ones to whom this applies to are the people who do not get permission or think about the legality of the actions of which they were about to do most of the things that are about to proceed are all helped with and proven through a legal standpoint by the fourth amendment of the U.S. Constitution.…
The Fourth Amendment, must primarily demonstrate an expectation of solitude, which is not simply a subjective expectation in attitude; however, an expectation that civilization is prepared to distinguish as realistic under the circumstances. For example, warrantless searches of personally own properties are customarily prohibited without admissible concessions; in contrast, a warrantless confiscation of derelict property typically does not violate the Fourth Amendment. (Legal Information Institution, n.d.) Seizures Seizures transpire when law enforcement physically apprehends a citizen; this frequently occurs during an arrest, though, it can likewise ensue in the course of stopping a pedestrian, a traffic stop or in other situations.…
Search warrant should indicate everything and everyone to be search and seized. These are just a few types of things that can be seized. Which are hair, blood, money, drugs, weapons, computers, personal/business records, but these are items that require testimony, which will fall under the Fifth Amendment. There can be restrictions on a search warrant. The courts need to make sure it doesn’t violate the federal constitution.…
The fourth amendment to the United States constitution guarantees that there will be no unlawful searches or seizures. However, under Supreme Court ruling, this amendment is not applied in school. In other words, government officials are lawfully allowed to search you and your belongings without a warrant of any kind. The reasoning to this is because there is a heightened need to keep areas of learning and teaching safe. Recently courts have expanded the Supreme Court’s ruling to lawfully allow school officials to conduct these searches.…
Search and seizure laws have been around since the beginning of the United States of America, and have a very controversial history. Many deem the way the laws are practiced unconstitutional, and oppressive to minorities, while others think they are just and need to be carried out to stop crime. Police officers have found many missing persons and have also brought down many drug dealers all while staying in the lines of legal search and seizure. Many people fear officers can overstep their boundaries and think that search and seizure laws are the underlying cause of mass incarceration, which Michelle Alexander examines in her book The New Jim Crow.…
Arrest warrants are issued to allow the police to identify and locate a person, or persons. These persons are usually those who have been previous arrest, released on bail, but then fail to show up to court after their release, in contrast a search warrant allows the police to enter into a promise, in search of evidence or contraband that may be used in an upcoming trial. In order to take possession of an item, and that property to be searched it must be specifically listed in the search warrant. The police are limited to only what is indicated in the warrant after its approved by a judge. ( John Worrall. 2013).…
The reason as to why we were pulled over was not stated by the officer, but the officer’s action justifies…