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Reasonable suspicion and probable cause can each play a role in making an automobile stop, however the terms are used interchangeably. The term, probable cause” is used to “support” a traffic stop, whereas the term “reasonable suspicion” is used as a standard that complies with the Fourth Amendment; the right against “unreasonable” searches and seizures. So if officers are within the rights, he may then proceed to stop a vehicle; that is if he has “reasonable suspicion” to believe that a traffic…

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…

The legal issue of whether Victor’s mental disability, medication, and Attention Deficient Disorder (ADD) was crucial information as to why, he committed the crime. In the case of United States v. Kozminski (1988) two men with mental disbalitlies where held to work for low or no wages and threatened and physiologically coerced to stay on the farm to work. The courts agreed that the men were coerced due to their mental incapacity. The act of coercion kept the men captive at the farm. In…

it, to track his movements for twenty-eight days. Jones was later convicted and sentenced to life in prison. On the other hand, controversy started the raise. The people were debating whether the placement of a tracking device on a person’s car a “search” under the Fourth Amendment. The case was brought up to the Court, called United States v. Jones. The judges ruled nine-to-zero, stating the act violated the Fourth Amendment. The opinion was delivered by Justice Antonin Scalia. He said that…

Susan Wolf‘s theory on how one live their lives is one subject that will be talked about in the days to come. She explains that the meaning to finding one’s happiness is through giving back to others in need and finding your passion. Although her statements may be true, she fails to mention anything about personal satisfaction. What is it about our personal satisfaction that would help us find meaning into our lives? Can our own personal success in life be sufficient enough to live a…

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…

presence of people and other things. however even police has submitted evidence to the court the court has concluded that police did not comply with 4th amendment and case was ruled out in year 2001. it states that police has no right to intrude or search some ones house without warrant thought they physically did not enter the house. However keeping in mind about the fast changing technologies it also stated that police can use this devices if they become extensively usable for general public,…

The identification of several significant facts in the case of Tennessee v. Garner calls into question the use of deadly force in the “unattempted” apprehension of an unarmed suspect. The first such fact is the admission and later verification by Hymon that Garner was unarmed. A second fact is that the suspect was fleeing in the opposite direction (away) from Officer Hymon and in a position as not to cause the officer to be in fear for his life. Additionally, Officer Hymon with the aid of his…

In the 1984 case of New Jersey v T.L.O., a fourteen year old freshman student’s attorney argues that evidence collected by school officials should be excluded due to a violation of the student’s Fourth Amendment rights to unreasonable search and seizure. The student and her friend were caught smoking cigarettes in the restroom of the high school by a teacher, and escorted to the principal’s office. After claiming that she was not a smoker, the principal demanded that she reveal the contents of…

Search Warrant Planning and Procedures Officer Loe is a veteran Red Team member and is well versed in what is required in this area. Officer Loe was on an extended military assignment for a large portion of this rating period. Since his return he has planned at least seven search warrant operations. Officer Loe understands what is needed in a search warrant entry plan and what areas are likely to create difficulties. He plans for these situations and informs me of them early in his planning…