Warrant

The government's failure to notify me about the warrant has long surpassed the limitations of delayed notice by 30 days. I did not receive any notice until July 2016 when my lawyer gave me a copy of the warrant. Pursuant to 18 U.S.C: 2515 which plainly states that “ Whenever any wire or oral communication has been intercepted, no part of the contents of such communications…

ruling regarding Mapp v. Ohio affect the day-to-day police work of our Officers. Peradventure, that the police are serving a legal warrant to pick up robbery suspect who also is a known drug dealer, because of the exclusionary rule from Mapp v. Ohio when the police arrive at the suspect address, they are not allow to search the home looking for drugs unless the warrant stipulates. Because of the Supreme Court’s ruling, Mapp v. Ohio complicates law enforcement with bureaucracy and suppresses…

Today, October 7, 2015 at 1 p.m. Officer Peter Malloy and myself, Officer James Reed arrive on the scene at 123 Jones street to serve an arrest warrant to a repeat offender by the name of, James Lou Ellen Brown. He had failed to appear in court after multiple, different charges of, driving with a suspended license, unsafe lane change, no driver’s license and a possession charge. Officer Peter Malloy was familiar with Mr. Brown and his location, after having arrested him before on possession for…

guarantees that any searches conduct must be with a valid search warrant. Searches incident to lawful arrest, gives law enforcement officers the right to conduct searches on the person they have detailed and arrested. The only exception to this condition is that, the law enforcement officer can not…

Birchfield v. North Dakota (DUII refusal without a warrant) In Scotus blog, the United States Supreme Court judges against a common foe were at their best. It was very easy putting doctrinal clodhopping aside in trying out the amateur court team. Birchfield v. North Dakota a Wednesday court case involving laws imposing on motorists criminal penalties for being suspected of drunken driving (Birchfield v. North Dakota, 2016). This occurred when a chemical test, especially for breath or blood, was…

citizen’s right to privacy. The USA Patriot Act was the first of many laws that increased the powers of government organizations such as the NSA and the FBI. The law allowed these agencies to access private records of US citizens without the need of a warrant or judge’s consent. This private information includes phone records, banking statements, and medical reports. Though the Supreme Court has supported the Patriot Act, the law still seems to conflict with parts of the Constitution and…

guaranteeing such rights as the freedoms of speech, assembly, and worship. This amendment provides "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." The ultimate goal of this amendment is to protect…

“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…

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,…

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…