Search and seizure

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    private property really private? Unreasonable search and seizures where he or she feels violated by a sheriff or police officer because they did not have a warrant on them to search the person or their property. The right that is being discussed is protection against illegal search of self, home, or property. A person has the right and should always say no if a sheriff or police officer do not have a warrant with them. Most people say this, “fruit of the poisonous tree”(Understanding Search-and-Seizure Law). Because the evidence is a product of an illegal search. Tree means evidence that the police illegally seize in the place. Fruit means second-generation product of the illegally seized evidence. This right goes under the 4th Amendment because the right of the people to be secure in their persons,…

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    Search and seizure laws have been around since the beginning of the United States of America, and have a very controversial history.Many deem the way the laws are practiced unconstitutional, and oppressive to minorities, while others think they are just and need to be carried out to stop crime. Police officers have found many missing persons and have also brought down many drug dealers all while staying in the lines of legal search and seizure. Many people fear officers can overstep their…

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    Unreasonable search and seizure are important. Unreasonable search and seizure is a serious problem in this country because some police officers will search teenagers without a probable cause. The reason some police officers will search teenagers because they think they can, or they do not fully understand the Amendment to search and seize. This happens all over the United States and is a big problem. The right to know unreasonable search and seizure is a fundamental part of the Constitution…

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    The Fourth Amendment: Search and Seizure In the Fourth Amendment, 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” (Cornell University of Law). The Fourth Amendment states its main idea in this statement and through it American citizens and their belongings and records are protected from surveillance, searches, and seizures. However, in today’s digital world government officials have…

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    Search and Seizure Before stepping into someone’s house or property, officers of the law must obtain a search warrant. This is outlined in the Fourth Amendment. Evidence collected at an unlawful search is usually inadmissible in court. Two Layton police officers violated the Fourth Amendment when they stepped in the house of Chelse Brierley to question and arrest her in Utah. She was a suspect in a hit-and-run DUI crash in 2013. The vehicle involved was spotted by a witness in Brierley’s…

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    Furthermore, the Court of Appeals also referred to the case Terry vs Ohio, and the court specified that the officer in the Terry case had motive to believe criminal activity was about to take place. Though, the officer proceeded to search Terry, he only conducted a surface search, as in his hands never stretched inside Terry’s coat. In contrast, the search performed on Dickerson was much more intrusive, and it went beyond a surface touch. Ultimately, the officer had to explore and manipulate the…

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    On the evening of November 9th, 1989, while exiting an apartment building with a history of drug trafficking, Timothy Dickerson spotted police officers and turned to walk in the opposite direction. In response, the officers commanded Dickerson to stop and proceeded to frisk him. An officer discovered a lump in Dickerson’s pocket of his jacket, and, upon further investigation, the officer believed it to be cocaine wrapped in cellophane. The officer reached into Dickerson’s pocket and confirmed…

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    Terry V. Ohio Case Study

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    Probable cause is not necessary to make such a stop. When a police officer believes he is dealing with an armed and dangerous individual he can conduct a search for weapons for the safety of himself and others. The purpose of the search is important, in Preston v. United States, 376 U. S. 364, 367 (1964) the reason for the search was for officer safety, making searches for officer safety and the safety of others permissible. The scope of the search must be kept to only looking in places weapons…

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    was intending to steal. His argument was that his fourth and fourteen amendment rights was violated due to the illegal search that was conducted by the cashier. His motion…

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    (D) Even if this Court finds that the initial search and seizure is illegal under the Fourth Amendment, Evidence of the Suicide Note is still Admissible through the Attenuation Doctrine, as an Exception to the Exclusionary Rule The “fruit of the poisonous tree doctrine” is an exclusionary rule designed to deter police misconduct that prohibits the introduction of evidence that is causally connected to an unlawful search. (People v. Navarro (App. 2 Dist. 2006) 41 Cal.Rptr.3d 164.) The defendant…

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