Seizure trigger

The Riley V. California case focused on whether a phone search required a search warrant. According to Liptak, the issue was first brought to attention in 2009, with the arrest of David L. Riley in San Diego. The article, “Riley V. California”, explains the various issues taken into consideration by the supreme justices. The issues included were: the “warrantless search exception” that allows officers to search for anything that they feel threatens their safety, the justices introduced the issue…

In the Maryland v. Buie trial, it was decided by the Supreme Court that a protective sweep of the area following an arrest is justified (Hall, 2015). In this case, Buie and an accomplice had committed an armed robbery wearing red running suits (FindLaw, n.d.). A warrant was obtained, then executed at the residence of Buie where he was subsequently found hiding in the basement. The officers on scene searched the basement following the arrest of Buie where they found in plain view the red running…

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 violation or crime has occurred. In an investigatory stop, the stop must be temporary and not last…

& 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 permission. The Fourth…

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…

interpreted through the years by courts and lawmakers.” It includes freedome of speech or the rights to be secure agaisnt unreasonable searches and seizures, which is also written in the Fourth Amendment, and more. The Fourth Amendment 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…

1. Analyze Officer Edwards 's searches, if any, and note which may survive constitutional challenge. Officer Edward and Officer Casey are set up a road block to catch drunk drivers, during this roadblock they stop a blue minivan. This action in itself would withstand a constitutional challenge since roadblocks such as these are allowed in most states. The length of time officer Edwards interrogates Jane might be questionable. Considering that he notes no signs of intoxication of any…

Lawful Searches Law enforcement officers are bound to certain rules that limit their powers of search and seizure. These rules are governed by constitutional rights and administered by the supreme court. These rules were placed on officer to prevent corruption and protect the rights of citizens from corrupt officers. The use of a search warrant signed by a judge must accompany a search of residences that are believed to have evidence that prove the guilt of a suspect residing on the…

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…

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 amendment…