Seizure types

The main reason that this policy is considered unconstitutional is due it’s disregard of the fourth amendment, the protection against unreasonable searches and seizures. Firstly, quotas for stop and frisks will be gotten rid of. I think the best way to fix this is by establishing a policy that stop and frisks can only be made when they can be justified. Said policy will require all officers to file a report that…

The Police and Criminal Evidence Act 1984 (PACE) is the core framework that is provided to ensure that the powers of the police are used correctly and that it protects and safeguards individuals that come into contact with the police. There are five major 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…

I think the most interesting issue in this case Jeremy Jaynes v. Commonwealth of Virginia was that when a man committed crime in one state and created problems in another state, does the circuit court of the state which he caused problems have jurisdiction over him. In favor of Jeremy Jaynes, he just used his computer to send emails in North Carolina, and did not use his computer in Virginia. Also, he argued that he couldn’t control where the email would be sent, so he didn't have intent to…

the stop and frisk laws are the reason. I personally do not believe that stop and frisk laws are Constitutional. It is very difficult for me to justify how this is legal under the fourth amendment rights against illegal search, and seizure. The rights apply to the seizure as it relates to the stop or detaining of a person. Any time a person is stopped by a police officer and is not permitted to leave is considered an arrest.…

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,…

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,…