Warrant

“became invalid when it went beyond the arrested person and the area subject to the person’s ‘immediate control’” (Schmalleger, 2014, p. 130). Because the coins were not found on or in the immediate area as Chimel and the officers did not have a warrant to search the residence, the search was deemed illegal. Chimel v. California laid out the lines for what the officers can search, “valid reasons for conducting the search”, and what makes a search illegal (Schmalleger, 2014, p. 130). This case…

Although, the inspection is an unprogrammed inspection, the issues of presenting a warrant should not be a major factor. For Example, J. Steve Barnett author of Responding to OSHA Inspections and Citations writes “The U.S. Supreme Court has affirmed that warrantless searches by OSHA would be unconstitutional. However, OSHA may obtain a warrant ex parte and therefore refusing OSHA entry due to lack of a warrant may not be necessary in most cases” (Barnett, 2001). Therefore, our designated EHS…

created tests to confirm if this is valid for each particular case. The warrant will be issued if the authorities have probable cause to issue the search warrant. The warrant must have the location to perform the search and identify any weapons or objects that are associated with the any criminal activity. If the law has been violated and the person has been arrested who violated then this sustains the request for the search warrant. However, the Fifth Amendment, the procedural rights are…

her disclosure, Sgt. Burleson was able to draft a search warrant for Rhea’s residence. The search was to be performed at 707 S K St. and items we were looking for would be specific to the abuse disclosure, as well as any additional items of evidentiary value, such as possession of child pornography or electronic devices, which often times child sexual abusers will possess.…

When Kasey posing as Katherine signed paperwork at the police station and posted bail for the charges levied against her, she received due process. Further, when the officer detained Katherine he was doing so with a facially valid arrest warrant. An arrest warrant is only issued with there is substantial evidence that the person to be arrested…

allowed officers the right to intrude the homes of the colonists. 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 describing the place to be searched, and the persons or things to be seized." It prohibits…

Final Exam Arizona State University Ulysses Avila November 30, 2014 Questions 1. (10 Points): Write a short brief of U.S. v. Jones (2012). Make sure you follow the format for legal briefs in the example posted on Blackboard. (See Content section for brief example, and Week 14 Readings for the court case). . . . . . . . . . . . Pages 3-4 (5 Points): In your own words,…

office without a warrant and found evidence of what he was being suspected of. They also searched Weeks home without a warrant, but found no evidence. The third warrantless search the police did was in Weeks room and they found more evidence. After the three warrantless Weeks decided to file a suit to not use the evidence they illegally…

portions of the Electronic Communications Privacy Act (ECPA) which allows the government to serve a warrant on the company to get access to customers’ emails and other information stored on remote servers (the cloud), all without telling users their data is being searched or seized. The Government has pursued nearly 2,600 secrecy orders within the last year silencing Microsoft from speaking about the warrants. The Constitution permits the Government to gather evidence and identify suspects…

United States government failed to protect its citizens from the damages caused by the 9/11 terrorist attacks. After which, the US government unjustly increased its use of domestic surveillance in the name of combatting terrorism by failing to use warrants to track American citizens, failing to combat…