Probable cause

seizure of those objects. To lawfully seize evidence in plain view, officers must have a legal right to be in the viewing area and must have cause to believe that the evidence is somehow associated with criminal activity pg. 205 2. Terry Stop is a brief detention of a person by police on reasonable suspicion of involvement in criminal activity but short of probable cause to arrest. A traffic stop can be considered a Terry Stop, with the driver and passenger being held, and possibly ordered out…

Joslyn (2011) cited Mauch & Birch (1998), “The exploratory inquiry and case study methods serve two functions. Exploratory research investigates relatively new or unsearched areas. Case study research is ‘the background, development, current conditions, and environmental interactions’ of one or more individuals. They are observed, recorded, and analyzed for stages or patterns in relation to internal and external influences” (p.31). The significance and meaning of the case studies of the…

4th Amendment is part of the Bill of Rights. It states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing…

the exclusionary rule barring the admission of evidence illegally obtained. The United States Supreme Court influenced the police by regulating how they conduct their searches in the future. A reasonable search is considered when the police have probable cause to believe that they can find evidence that you committed a crime and the judge may grant police a search warrant. Prior to Fremont Weeks case all of the evidence obtained regardless how it was seized was allowed all relevant evidence,…

victims introduce the system to the crime, as actual gatekeepers do to visitors of an area. What is probable cause? Describe a situation where there would be probable cause? Probable cause is the likeliness that a person committed a crime is high enough to be a suspect, or even arrest the person. An example of probably would be a person seen with a child who was missing, establishing the probable cause that that person was the person who took the child, and can be…

A magistrate from the county jail will issue a warrant after probable cause has been established. The suspect will stand before the magistrate and the charges, bond amount, and court date will be giving to them. “After the charges have been filed the suspect is now the defendant” (Bohm, Hailey, 2012, p.9.). The defendant…

Police officers have needed the information on electronic devices. They need this data for finding missing citizens and suspects. But have been stopped in their tracks countless times. They have been stopped by the owners and others that believe the 4th Amendment enables them to decline the seizing and search of their devices. They want officers to have a warrant. Provided that the information on the devices are said to be private. The data should not be kept from officers of the law just…

interferences (Bohm & Haley, 2014, p. 105). The procedural rights of The Fourth Amendment are the search and seizure of citizens property and/or person in violation of the criminal law, with a meaningful interference by the government. There has to be probable cause. A search and seizure have to be within reason, with a descriptive warrant explaining exactly what is to be searched and seized, signed by a judge. Search and seizure without a warrant can be conducted if the citizen volunteer…

as dealing drugs. It can be noted in the case of Whren that, “… police officers used traffic violations as a pretext to stop a car and investigate possible drug offenses; the officers had neither probable cause nor reasonable suspicion to stop the driver for narcotics crime” (Harris 544). No probable cause or reasonable suspicion was shown to stop the driver, who was Black. The officer was suspicions of the driver having drugs in his car because of his race and thus can be concluded that it was…

no warrants shall be issued unless it is supported by probable…