Warrant

general in order to get a warrant to arrest Coolidge at his home, in which the state attorney agreed to do so (“Coolidge v. New Hampshire, 403 U.S. 443 (1971),” n.d.). The police arrived at the house days later with…

comes out that says that the individual is not guilty, then probable cause becomes stale (Ingram, 2009). Whether or not probable cause becomes stale is based on several other factors as well, including the amount of time that has passed since the warrant was issued, the nature of criminal activity, and the property that is the subject of the search (“Police Prosecutor Update,” 2001). Despite how easy it is for probable cause to become stale, stale probable cause to arrest rarely becomes an…

that the police demanded to be searched during the execution of a search warrant? HOLDING: No. The scope of the search warrant extends to the searching of the purse. A purse, is mobile and the search of the purse during the warrant execution was found lawful. FACTS: On October 18, 1976, six police officers with an arrest warrant entered the home of an individual by the name of Lawrence Marquess (“Suspect”). During the warrant execution, Marquess was not present but one of his roommates and…

The fourth amendment to the U.S. Constitution stated that “individuals must be secure in their households, and in their persons against unreasonable searches and seizures,shall not be violated,and no warrant shall issue, but upon probable cause,supported by Oat of affirmation, and predominantly describing the place to be investigated, and the individuals/s or things to be seized”(Schmalleger,201). The Fourth Amendment ,is a part of the Bill of Rights, that was adopted by congress, and it came to…

custody. The general law of arrest includes probable cause, an arrest warrant, and the procedure of an arrest. For an arrest to be legal and valid, an officer must have probable cause that the suspect committed a crime. An arrest warrant is not always required. This paper will give a detailed discussion on the general law of arrest. The fourth amendment makes probable cause a requirement for an arrest. It states that “no warrants shall issue, but upon probable cause” (“Fourth Amendment,” n.d.).…

practical and powerful method of constructing and analyzing arguments is the Toulmin Argument, so named after its creator British philosopher Stephen Toulmin. This method asserts to breaking down an argument into several parts, The claim,evidence, Warrants backing and qualifiers all form the building blocks of Toulmin’s argument structure. The claim is the argument you wish to prove (130), the main part of the argument. It answers the question, so what’s you point? Where do you stand? Good…

then its security has been compromised which puts the officer and the public in danger which warrants a security sweep of the premises. (when necessary) 6.) The police have a warrant to search your basement for evidence of a drug manufacturing operation. On their way through your house to go down to the basement, they see a cache of guns sitting on the kitchen table. May they seize the guns without a warrant? - Yes they may. The guns may be seized so as to protect the safety of the officers…

authorizes that warrants be given by neutral magistrates based on facts given under oath or affirmation. The Judge has to review the affidavits and decide whether the facts determine probable cause to issue the warrant. Also, the judge needs to know why the facts in the affidavit is trustworthy. Search warrants have to be established on hard facts. Locations that are searched must be described in a lot of detail so law enforcement will not needlessly invade privacy. When giving a warrant at a…

Search and seizure laws have been around since the beginning of the United States of America, and have a very controversial history.Many deem the way the laws are practiced unconstitutional, and oppressive to minorities, while others think they are just and need to be carried out to stop crime. Police officers have found many missing persons and have also brought down many drug dealers all while staying in the lines of legal search and seizure. Many people fear officers can overstep their…

General warrants gave permission for the king’s agent to enter private property and seize things or people without limiting where the king's agent was allowed to search, what property he was allowed to seize, or who he could arrest. Although there were some preventative actions in early English common law which suggested restrictions on the limits of warrants and the situations in which they could be issued, certain events, specifically…