Search and seizure

placed on his phone line between his home and place of business. Olmstead appealed his guilty verdict claiming that the government gained evidence through actions which violated his 4th Amendment guarantees which protect against unreasonable search and seizures as well as violated his 5th Amendment guarantees against testifying against yourself. Olmstead was found guilty on appeal in the US appellate court and the case was moved to the US…

The fourth amendment to the U.S. Constitution stated that “individuals must be secure in their households, and in their persons against unreasonable searches and seizures,shall not be violated,and no warrant shall issue, but upon probable cause,supported by Oat of affirmation, and predominantly describing the place to be investigated, and the individuals/s or things to be seized”(Schmalleger,201). The Fourth Amendment ,is a part of the Bill of Rights, that was adopted by congress, and it came to…

individual from illegal searches and seizures. A search is defined as “explorations or inspections, by law enforcement officers, of homes, premises, vehicles, or persons, for the purpose of discovering evidence of crimes or persons who are accused of crimes” (Bohm & Haley, 2011, p. 105). It is considered a search when a person’s expectation of privacy is impinge upon. A seizure occurs when a person or persons or…

Cleveland Police force while undergoing an unlawful search of her home. She had denied the police entry because they failed to produce a search warrant, though police still forcibly entered the appellant’s home. Members of the police claimed to be searching for an individual in connection to a recent bombing, who they believed Miss Mapp was harboring. This individual in question was never located on the premise. It was during this unlawful search of the home however that members of the police…

require a search warrant before searching or seizing that property. Facts Police Officers in Laguna Beach were conducting a drug trafficking investigation. The target of the investigation was Billy Greenwood. During this investigation the Laguna Beach Police Department asked the trash collector of Mr. Greenwood's trash to place it separately from the other trash they normally picked up. The police officers found evidence of drug use in the trash. They then used this evidence to obtain a search…

Arizona, Petitioner James Thomas Hicks. Respondent Facts: In this case, Respondent fired a bullet through the floor of his apartment, striking the person who lives in the apartment below him. Upon arriving at the scene, police entered the apartment to search for Respondent. While at the scene, a police officer found two sets of expensive stereo components and became reasonably suspicious of where it was located. Because of his reasonable suspicion, the police officer proceeded to record the…

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…

subsequent search of the trunk was conducted. Upon completion of the search, marijuana was seized and the offender arrested. The entire…

time and allowed the officers to come in and search which gave them consent. Moments after chimel arrival to his house he was immediately arrested. Chimel told the officers he denied the officers to search his house without a search warrant. The officer proceeds to search the house checking everywhere from bedrooms all the way to the attic. 3.Issues- Chimel v. California, 395. U.S. 752…

In examining the higher education requirements (post-secondary education) that police hiring agencies have for potential candidates, I found out that Minnesota is one of the few states that specifies having an associate’s degree, a two year program, for entry into the field. Some states such as Wisconsin, require some college credit and subsequent degree completion, but the vast majority of states require just having a high school diploma. Furthermore, no state requires a four year bachelor’s…