When researching for this report I discovered an important study conducted by Finnane, (1990) he states ''every level of police work involves choice on part of the police officer'’. Therefore this can be interpreted as the Police have the power to handle a situation and carry out what they believe is the correct protocol. Therefore this can explain…
Jardines illustrates the shifting landscape of Fourth Amendment analysis. In Jardines, the Supreme Court held that the use of a police drug-sniffing dog on the front porch of a house was an unlawful search because the property was protected by the Fourth Amendment. Jardines specified that only a limited scope of conduct is invited by the simple action of “hanging a knocker.” Actions that deviate meaningfully…
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…
The officer must have probable cause for searching there home. If it states in the probation order that can search the probationer’s home then they can procced with their search. However if it doesn’t state they can search in probation order then the officers must obtain a warrant. When a probation Officer has to inspect on the probationer they will either do the search themselves or be…
The Framers made the government to work properly so they created the Constitution to give citizens rules to abide. Amendments are the rules that the citizens have to follow such as freedom of speech, the right to bear arms and the right of privacy. The fourth amendment is the right to privacy such as no unreasonable seizures and searches to your personal belongings and property without any warrants. A search usually has to be based on probable cause- a reasonable basis to believe that the person…
in an open window of the vehicles they went up to. In the scenario I just presented to you I the officer would have the ability to do a pat-down search now you might say that this is against the individuals Fourth Amendment right. The Fourth Amendment of the US Constitution states “The right of the people to be secure in their persons,…
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) Analysis- Probable cause(pc) is when an officer in light of his training and experience reasonably believes that a crime has been committed and the person arrested committed it.…
Singapore Powers of Search and Seizure Search and seizure is considered as one of the major elements in the criminal procedure that helps in discovery the identity of the arrested individual, identification of the offender, collection of instruments and other evidence of crime for criminal prosecution. Law enforcement officers have different kinds of search and seizure powers such as investigations into seizable cases, arrest cases, search warrant cases, and stolen fruits provisions. However,…
serologists study chromosomes in the blood, saliva, or sweat that differ from each individual and can convict suspects and exonerate innocent suspects. Not only is DNA uniquely distinguishable, it is also difficult to refute if it is on file. A few states have decided to pass laws allowing…
When Mr. Balestrero is first introduced to the three detectives, Hitchcock uses camera lighting along with camera movement to enunciate the setting which is described as murky and dark. Brean describes this encounter as the following, “Three men came up to him out of the murky shadows of a winter evening. They said they were police officers and showed him badges clipped to wallets. Mr. Balestrero experiencing a little quiver of uneasiness, asked what they wanted.” Hitchcock cannot transfer these…