4) Search in Plain View Search in plain view is when a police officer finds some unexpected suspicious items, he has the right to seize them without a search warrant. In digital evidence, police officers are usually not the people who found suspicious files, this is more likely to be a server admin in organization or technician who repair digital devices for his clients. In the past few years, there are many cases that illegal data are found in computers or other digital devices accidentally,…
see the item, even if it’s by accident (Hall, 2014). The fourth element, which requires probable cause, also requires the evidence to be “immediately apparent” as evidence of a crime (Hall, 2014). The last element is important for the warrantless seizure to be legal. The officer must have been legally able to obtain the evidence (Hall,…
property which the arrestee may have about him, and which is associated with the wrongdoing charged or which might be required as confirmation. For instance, a plain view doctrine is conducted at the airport by TSA officers to screen passengers. “A seizure is lawful under the doctrine such…
against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” What Does the Fourth Amendment Mean? The Fourth Amendment of the U.S. Constitution stipulates, the entitlement of individuals to be secure in their individualities, dwellings, documents, and possessions, against irrational searches…
eight amendments. These rights mentioned have evolved because of other cases that have affected the criminal justice system. The freedom from unreasonable search and seizures is protected by The Fourth Amendment. The people are protected, and secure in their persons, homes, papers, and effects against unreasonable search and seizures are not to be violated. Unless there is probable cause, no warrants shall be issued,…
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 few questions on where he was going and what he was upto, I realized that he really fidgeting and…
there was a need to change certain guidelines in constitution, Hence they came up with the term Amendments (changes in documents). in 4th Amendment it talks about the unreasonable/unnecessary searches of someone's possessions or seizures (also arrest) which is against the right to privacy. The scope of seizures/Searched should be limited and only warrant should be issued by law enforcement officer before police taking necessary action. in 1792 US State secretary Sir Jefferson, Thomas declared…
The Fourth Amendment Do you know you have the right to say NO?. The Fourth Amendment in other words Search and Seizures allows one to say no until proper legal document or warrant is shown to search or seized someone’s home, car, personal item and to protect people rights to privacy from the government intrusions. Meaning the government can’t use police force in which would expose citizens. Also the Fourth Amendment respects people rights and that it should not be violated. The…
anti-federalist wanted to make sure that the central government wasn’t too powerful. The 4th Amendment is part of the Bill of Rights. 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, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing…
introduced the issue that cellphones are like “minicomputers” and as Liptak writes, Justice Roberts believed that “the word cellphone is a misnomer” and could be considered many other things. Liptak also presents the issue that the ruling would apply to searches on various other things such as laptops and tablets. Moreover, the Fourth Amendment was a factor the Supreme Court had to thoroughly take into consideration. “Riley V. California” states the final ruling, as a unanimous decision that…