Fourth Amendment Essay

A protective sweep is a limited search of a structure for people who may be a threat to law enforcement officers after they arrest a subject or subjects. The legal reasoning behind a protective sweep is “to allow officers to ensure their own safety, and that of those on the scene, by searching in the vicinity of the arrest” (Nolo, 2017). Protective sweeps were ruled in favor of law enforcement in the Supreme Court case of Maryland v. Buie. In this case, arrest warrants were issued for Buie and…

that the innocent do not need to execute. These rights are found in amendments IV, V, VI, and VIII and are referred to as the rights of the accused. Amendment IV refers to the rights of a citizen's privacy. Citizens are not to be subject to unwarranted and unreasonable searches and seizures by government and law officials. Law officials must have a warrant from a judge. Amendment VI goes hand in hand with Amendment IV. Amendment VI states that the accused must be told the exact nature of their…

In the city of phoenix operational orders 7.1 under prisoners, in regard to restraining prisoners, subjects will be handcuffed behind their back except if doing so would create an injury. However, All subjects who are arrested for felonies, who are belligerent or combative, verbally abusive subjects who may turn combative, subjects who are a likely danger to self or others, or any other reason an officer deems as necessary. Prisoners in the previous categories will remain handcuffed at all times…

This website is focused on the 4th amendment of the constitution. The front page of the website displays the quote of the 4th amendment. The website displays recent news in law that pertains to the 4th amendment. It provides a paragraph long summary about the case and how it affects the amendment. Any case that is relevant to search and seizure is provided on the front page. Cases are the main focus on this website. The website has a section of all the important court cases that are related to…

4) Search in Plain View Search in plain view is when a police officer finds some unexpected suspicious items, he has the right to seize them without a search warrant. In digital evidence, police officers are usually not the people who found suspicious files, this is more likely to be a server admin in organization or technician who repair digital devices for his clients. In the past few years, there are many cases that illegal data are found in computers or other digital devices accidentally,…

Wolf et al. (2009) explains with the case Tennessee V. Garner the circumstances used to evaluate the objective reasonableness clause at the time of the encounter included the same threat levels mentioned in the previous above case along with if the suspect was trying to resist police at the time and additionally assessed the severity of the crime as another factor (p.743). The lesser use of force is managed today still using the Graham V. Connor standard, force defined as being “reasonable and…

Howard Morton raises many issues throughout the discussion in the chapter called “Investigative detentions and street checks”. However, there are a few major points with the first one being the policy that dictates how pre-existing carding information must be destroyed and retained. Given that the information remains in intelligence databases that are shared internationally with other law enforcement agencies which could have a negative effect on an individual. The second issue that Morton…

In the case presented, obtaining a search warrant would comes down to the key factor of proving probable cause. To do so, evidence of a possible operation must be at least reasonable. To find this needed evidence, it would be best to go undercover to learn the inner workings of the operation. For example, one way to find this evidence would be to portray a human trafficker. In doing so, members of this illegal operation may try to do business with you. While conducting this undercover work,…

Whether your vehicle was weaving over the yellow line or you had a tail light out, a California officer had to have a reason to pull you over. If your behavior on the side of the road causes any suspicion that you may be intoxicated, he or she could decide to give you a test. We at Edward Y. Lee, attorney at law, are aware of all the nuances of administering this test, and when the results may not be admissible against you. According to AAA, the National Highway Traffic Safety Administration…

On August 28, 2014 Detective Timothy McDermott was facing charges that accused him of violating Chicago Police Department Rules 2, 6, 8, and 38. These rules regard to bringing discredit to the Chicago Police Department, impeding the department’s efforts to achieve its goals, failing to ensure a person’s right to have dignified treatment under the law, failing to treat a person with respect and dignity, disrespecting or maltreatment of a person while on or off duty, and unlawful and unnecessary…