Search warrant

cause of a fire is, and often enough it is the homeowner or business owner himself who is guilty. Going about an investigative search the lawful way often requires obtaining consent or a search warrant, without doing this, evidence may be thrown out in court. Michigan v. Tyler as well as Michigan v. Clifford are two groundbreaking cases in history that help us to warrant today a lawful post fire investigation.…

against unreasonable search and seizure, coercion, and provides the right to counsel under due process of the law (Cornell Law School, 2007). The Fruit of the Poisonous Tree Doctrine can result in the dismissal of evidence collected at a crime scene as proof of guilt found in violation of the Fourth Amendment. The Fourth Amendment clearly states that the rights of the people are to be secure in their homes and person, papers and effects, and shall not be violated by unreasonable search and…

a) Consent to Search In R v. Wills (1992) the court found the following criteria necessary for a valid consent search: 1. There was consent, expressed or implied; 2. The giver of the consent had the authority to give the consent; 3. The consent was voluntary (not police coerced); 4. The giver of consent was aware of the police conduct; 5. The giver of consent is aware of their right to refuse to permit the police to engage in the conduct requested and/or may pull their consent at anytime; 6. The…

General warrants gave permission for the king’s agent to enter private property and seize things or people without limiting where the king's agent was allowed to search, what property he was allowed to seize, or who he could arrest. Although there were some preventative actions in early English common law which suggested restrictions on the limits of warrants and the situations in which they could be issued, certain events, specifically…

Fourth Amendment is “Citizens cannot be forced to subject themselves to seizure and search without a search warrant and probable cause”. The Fourth Amendment was included to the Constitution so that police do not have the power to just look through your things and they can’t take anything if they do not have permission, a warrant, from a judge. You must also show that you have a good reason to be able to get the warrant. The Founding Fathers of the Constitution wanted to protect the rights of…

metal disks, transforming those spots into data that is processed and directed to users through monitors. On the other hand, if the police have a warrant, the warrant allows them to take away any evidence named in the warrant. Once they take away the physical property that is considered seizure which is reasonable if the property is named in the warrant. Also, the police can take away other evidence that they come across in plain…

Case Citation: United States v. Jones, 565 U.S. ¬¬___ (2012). Parties: United States, Plaintiff / Appellant Antoine Jones, Defendant / Appellee Facts: Antoine Jones was a nightclub owner in the District of Columbia that was arrested in 2005 for drug possession after the police attached a GPS tracker to his vehicle. The tracker was attached to the vehicle because Jones was under suspicion of narcotics trafficking. The GPS tracker was authorized for use on the vehicle belonging to Jones’ wife…

The first step that is taken is obtaining a search warrant, & in order to do this there must be probable cause to present to a magistrate. How probable cause is identified is by an investigation, or information obtained in a legal standard& documented by the officer who is seeking the evidence, & he/she must prepare an affidavit that defines the area to be searched, & the evidence being sought (Volonino pp 56). The reason for obtaining a search warrant is so that a defendants Fourth Amendment…

The Fourth Amendment to the constitution states a person's right to privacy and protects people from unlawful search and seizures. In order for a law enforcement officer to be able to conduct a lawful search and seizure, the officer must provide a search warrant or have probable cause. However, there are some exceptions to this requirement. Under normal circumstances, a law enforcement officer must first indicate that probable cause exists. Probable cause is defined as but is not limited to, a…

Other exceptions include open fields, canine sniff, booking search and inventory, public safety, and officer safety. The purpose for this rule can be looked at like a way for law enforcements to conduct searches and seizures that do not violate the Fourth Amendment and individuals that have had their rights violated. This legal rule first made its appearance during the U.S. Supreme court case Weeks v. United States (1914). Freemont Weeks was arrested under suspicion of using the U.S. mail to…