Fourth dimension

After a person is arrested, there are steps and processes that must be followed. One big part of the process includes searches and seizures. What in particular has to be noted when it comes to searches are the principles behind illegal searches, what can constitute a legal and illegal search, and when the lines can be blurred between the two. Searches are necessary to gather evidence. They play big roles in any investigation, but they must be conducted correctly. If not, than the evidence cannot…

Bernard Harcourt wrote an essay titled, “Unconstitutional Police Searches and Collective Responsibility,” and it was found that a state appellate judge, a former federal prosecutor, and a government attorney all violated Fourth Amendment prohibitions on searches and seizures (Harcourt). “The vast majority of the unconstitutional searches—31 out of 34—were invisible to the courts, having resulted in no arrest, charge, or citation. In fact, the rate of unconstitutional searches…

electronic services for its customers to use. The appropriate party to bring this type of claim into court would be the one whose information is being pursued rather than the one from which the information is being requested for. The standard that Fourth Amendment rights are personal rights of which may not be vicariously asserted was presented in Alderman v. United States, that limited a third party’s efforts to raise the effect of the rule in criminal proceedings. In addition, the obligation…

esteemed justices. The choices are usually based on cases where there are violations to an individuals’ Constitutional rights. In this paper, the fourth, fifth, and sixth amendments will be examined, and the safeguards they provide. In addition, how the amendments impact the juvenile and adult court in day to day operations. [The Fourth Amendment [The fourth amendment protects a citizen from unwarranted search and seizure (Cornell, 2016). The amendment states; “it is the right of the people to…

On 7 August 1999, at approximately 3AM, Baltimore County police officer Jeffrey Snyder observed a vehicle which was speeding and the driver was not wearing a seatbelt. Upon making a legal traffic stop, Officer Snyder could see there were three occupants in the vehicle and were later identified as: Donte Partlow, who was the vehicle owner and was driving; defendant Joseph Pringle, was sitting in the front passenger seat, and Otis Smith, who was sitting in the back seat. Officer Snyder asked…

Lawful Searches Law enforcement officers are bound to certain rules that limit their powers of search and seizure. These rules are governed by constitutional rights and administered by the supreme court. These rules were placed on officer to prevent corruption and protect the rights of citizens from corrupt officers. The use of a search warrant signed by a judge must accompany a search of residences that are believed to have evidence that prove the guilt of a suspect residing on the…

seizure was the first link that appeared. Prohibition against illegal search and seizure is founded in the fourth amendment to the constitution which prohibits unlawful searches and seizure unless there is probable cause. Probable cause is a requirement that law enforcement must have in order to conduct a warrantless search of a vehicle. In Terry v. Ohio 1968, Terry argued whether or not his fourth amendment right was violated after an officer approached him, searched his person before being…

On 10-2-2015 Officers were dispatched to Wal-Mart for a theft. Upon arrival I Officer Butram spoke with Jon Goecker. Jon stated he observed a male acting suspiciously in Man’s apparel. Jon stated he followed the male making sure he stayed in his line of sight. The male was identified as Craig Davis. Jon stated he witnessed the Craig pick up various items and place them into a shopping bag. Jon stated Craig left the store without the merchandise, then returned to the store and retrieved the…

On 11/28/16 an approximately 20:52, while on patrol with Sgt. Hale, I, Officer Rivera Ayala, observed a vehicle described as 2014 red Ford F150 Reg. 238T397, driving eastbound on West Corbin rd, in a Non Trespassing zone. I activated my emergency lights and proceeded to conduct a traffic stop at the same location, out of the Non Trespassing zone. Sgt. Hale, made contact with the driver, later identified as Wesley P. Martin, MW, DOB 01/26/1998. Along with Martin, there was two more passengers,…

Based on the facts and circumstances surrounding the case, John Donogood can not be charged with First Degree Burglary. A comparison of the statute and the situation presented illustrates that not all elements of the crime are satisfied. As stated, Mr. Donogood broke and entered into Mrs. Smith’s garage without her consent and, therefore, elements (1), (2), and (3) are satisfied. However, because the garage was not attached to the house and it was not used for sleeping, it does not constitute a…