Search warrant

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    Following an agreement with the appellant to affect a “no case” seizure if he surrenders three marihuana roaches. The police make a warrantless search and entry by police into the home of the appellant. Once inside, the police found a bulletproof vest, a firearm and drugs (R. v. Paterson, (2017)). They arrested the appellant and then obtained a tele-warrant to search his apartment, which led to the discovery of other firearms and drugs. The trial judge found exigent circumstances and concluded…

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    During any criminal proceeding, the law can either help win the case or lose the case. Every case is unique, whether it is a murder case or a simple assault case. This is why clients need skilled, knowledgeable attorney 's so that they can receive fair trials without police and investigators introducing evidence which may be illegally seized during an arrest. The judge has the ultimate decision whether evidence should be excluded or not, so bringing forth the Constitutional Rights of one 's…

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    by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be invalid. Pp. 905-925. (United States v. Leon, (1984) No. 82- 1771.) In view of the modification of the exclusionary rule, the Court of Appeals' judgment cannot stand in this case. Only respondent Leon contended that no reasonably well trained police officer could have believed that there existed probable cause to search his house. However, the record establishes…

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    Officer authorities did the officer use to justify the search? The Customs Officer authorities used by the officers at the port was border search exception which is a Unites States criminal law that usually allows all kinds of searches and seizures at the US international borders and all their functional warrant actually without a warrant or even probable case. How would the Customs Officer describe what was found in her reports to articulate her search and seizure? After asking Mr. Noris a…

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    The Law of Search and Seizure and the Search Warrant, give the government strict to stipulations as to how they are able to rightfully obtain information that is presumed to be private. Although Searches, Seizures and Warrants seem to have simple guidelines, they are each intricate categories. It is common for a search to be defined as any action by government officials, which involves seeking for indication of a violation of law. Nonetheless, according to the Court’s cases, a search ensues…

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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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    look at the individual amendments. The Fourth Amendment protects individuals from unlawful search and seizure. The most common issue in law enforcement that arises is the need for search warrants. By not following procedural correctness a case may falter during the trial phase because a warrant was not obtained in the proper way. Although the warrant may have been obtained in "good faith" if the warrant is not executed properly and the evidence is not collected in a certain manner the evidence…

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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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    Probable Cause

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    The Fourth Amendment was put into place to protect the rights of the American people to be free from unreasonable searches and seizures. The U.S. Constitution specifically states “no Warrants shall issue, but upon probable cause…” (U.S. Constitution – Amendment 4). Additional, the U.S. Supreme Court ruled that some searches and seizures may be classified as constitutional based on reasonable suspicion and not justified as probable cause. (Lushbaugh, C. A. and Weston, P. B. (2012) Probable…

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    sections that it is in respect of: stop and search, arrest, detention, investigation and interviewing. Stop and search is allowed when there are reasonable ground to believe that the person or vehicle contains drugs, offensive weapons including knives, stolen goods, items that can damage or destroy property, for example spray cans or any article adapted for certain offences. This comes under Code A where it ensures that the exercise to stop and search by police officers in accordance with…

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