Probable cause

Whereas the Fourth Amendment uses probable cause to set up if a crime is, has, or is about to occur and an arrest can be made. Then the Fifth Amendment comes into play, with the questioning of a person who has been arrested and the rights to the arrested person, specifically the reading of…

not the Common Good for people. The NSA thinks they are doing the Common Good for people by listening to calls of foreigners talking to people inside of America for our protection but unless they have a probable cause warrant they can not do this and in most cases they do not have a probable cause warrant. According to the article of EFF (electronic frontier foundation), eff.org states, “...the government is mass collecting phone metadata of all US customers under the guise of the Patriot Act.…

possibly inadmissible in court. To uphold the fourth amendment, officers need a probable cause to justify the search of someone’s home and other property. To establish probable cause, officers need factual evidence that leads them to believe that the suspect has committed a crime. Without probable cause, a search warrant cannot be obtained. Since the suspect in question has been arrested and interrogated, probable cause has been established, and a search is warranted. The suspect’s laptop is…

Introduction The Fourth Amendment states that “the rights of the people to be secured in their persons, houses, papers and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported, by the oath of affirmation, and particularly describing the place to be searched and the persons or things to be seized.” This simply means in laments terms that every US citizens is entitled and promised protections against personal…

person, place, or item. The fourth amendment protects citizens of America by injustice government searches and seizures of people’s house, papers, vehicles, and other items. The fourth amendment says that no warrant should be issued but only by probable cause supported by an oath or a place to be searched or items to be seized. There is seven exception for the fourth amendment search warrant requirement that are lawful arrest, consent, plain view, caretaker function, inventory/impounded vehicles…

first responding officers swept through the apartment and removed Mr. Thompkins’s articles. There was no probable cause or warrant to remove these items. After the fact, the detectives discovered the cause of death to Mr. Thompkins was a gunshot wound. Chimel v. California, 395 U.S. 752 (1969) held that the police officers did not have the right to search an entire house without probable cause for a warrant. This ruling supports the violation of the Fourth Amendment in the case against Slim…

right to the preliminary hearing. Once judge has ruled that there is probable cause, defendants in many jurisdictions are sent to a grand jury. A grand jury is required by the federal government and about one third of states. It is a group of citizens who are tasked with determining if probable cause exists, this is their purpose. The grand jury only hears evidence from the prosecutor. Once the grand jury hasdetermined probable cause does indeed existm it will issue and indictment, which…

2. How are dogs used in searches? What is the protocol the police following to bring a dog on the scene of a traffic stop or other situation? Why are dogs called in? How are they trained and how do they respond? A drug sniffing dog is a tool that police officers have at their disposal when stopping and searching cars. They are well trained, obedient dogs that detect certain narcotics. It is not uncommon for a cop to stop a vehicle for a routine traffic stop and then ask for permission to…

Historical Background Constitution, Bill of Rights and Fourth Amendment: America’s first constitution, the Articles of Confederation, was a document signed amongst the 13 original colonies that established the United States of America as a confederation of sovereign states. The Articles of Confederation were ratified in 1781, five years after the Declaration of Independence and two years before winning independence from Great Britain. During this time, states acted like independent countries and…

This is current issue a because there have been many stories of sheriff's or police officers searching people, houses, properties, or cars without warrant. The law must have a warrant to collect all evidence, “probable cause,” (Search and Seizure and The Fourth Amendment). Probable cause is the requirement in criminal law that police have adequate reason to search people or property without a warrant. But enough evidence to search quickly to prevent injury or loss of evidence. As of right…