Seizure trigger

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,…

A man is stopped by a police officer and his K-9 after he was seen jaywalking. When the officer and his dog approached the man, the dog immediately reacted to the scent of some sort of illegal substance. Because the dog was alerted by the scent, the officer then had probable cause to search him. As he searched the man, the officer did find illegal substances that the dog smelt. The man was then arrested and charged with possession of illegal substances. The dog’s alertness gave the police…

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…

and Citation: R. v. Paterson,(2017) SCC 15 Court: “Supreme Court of Canada (SCC) and Court of Appeal of British Columbia (British Columbia’s Court of Appeal) Facts of the case: 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…

enforcing citizen’s arrest by detaining a suspect. “The People contend that the evidence is nevertheless admissible because the search and seizure were made by private persons. They urge that Burdeau v. McDowell (1921) 256 U.S. 465 [65 L.Ed. 1048, 41 S.Ct. 574, 13 A.L.R. 1159], holding that Fourth Amendment proscriptions against unreasonable searches and seizures do not apply to private conduct, is still good law and controlling” (Stanford Law School,…

TSA and backscatter X-Rays is a technology equipment that is used to scan full bodies of airline passengers. It is also known as a WBI (whole body imager), security scanner, body scanner, and a naked scanner. TSA use the backscatter X-Ray to detect hidden weapons, tools, liquids, drugs, stolen currency, and other illegal items. They do this to make the flight ride safe for other passengers and to get to their destination safely without conflicts. Backscatter X-rays are only found at a few…

primitive and mainly significant entitlements bestowed to the citizens of The United State of America; the law, distinctively 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 the place to be searched, and the persons or things to be seized.” What Does the Fourth Amendment…

“Freeze! put your hands up”. The purpose of the Miranda rights is to safeguard the Constitutional rights of each citizen of the United States of America.The fifth amendment of the Constitution in particular protects the person from incriminating themselves. Imagine if you got arrested and the fifth amendment is not read to you. “Have you been to jail? ‘No?’ Well now you are going there.” Do you ever fear you’re going to jail for no reason without warrant of arrest or trial by jury? How would you…

Arizona case, highlight the requirements of a search and seizure under the fourth amendment . In this case , the supreme court describes that police officers cannot search a vehicle without a warrant unless the police officers believe that the arrestee has had access to the vehicle after the was arrested. Yet,…

SYNOPSIS: On 11-21-15, Cann McMillin reported that an unknown female suspect had entered her residence on 11-21-15, while she was home, and took a laptop computer, which belonged to a guest of McMillin's, Hayley Pierce. Pierce, who was also home at the time, saw the suspect run out of the residence. Pierce described the suspect to another guest at the residence, Stephanie Peters, who believed that the suspect resembled a female passenger in the "Uber" car she had used to arrive at the…