Search Warrants Essay

1621 words - 7 pages

Search Warrants & Probable Cause
Dale Langston
American Intercontinental University

Abstract
This paper examines the many factors of search warrants it will examine the process by which a search warrant may be applied for and issued, focusing on the requirements of the Fourth Amendment. This paper will also describe probable cause and the standard by which the cause is fulfilled. In addition, it will describe and discuss at least two forms of searches that do not need a warrant. Also discussed in the study is warrant less searches, if the reasons are compelling, and if all requests require probable cause exists or exceptions.

Search Warrants & Probable Cause
Search ...view middle of the document...

An officer may not search a residence without the permission of the owners. The only person who can issue a search warrant from a judge (LII, 2010). To get a warrant, the officer must show probable cause and believe that the search is allowed. (LII, 2010). For an agent to support their analyses they must have an affidavit describing in detail where they are looking and items to be seized (LII, 2010). In deciding whether the warrant should be issued or not the judge should take into consideration all the circumstances (LII, 2010). The judge may limit when and how the police can conduct a search on the type of warrant being issued. (LII, 2010). There does not need to be present any type of crime committed in order for officers to pursue a warrant conferring to the Fourth Amendment (LII, 2010). But they have to show probable cause that the evidence sought exists (LII, 2010).
The probable cause is when officers trust that a individual has committed a offense based on factual evidence and not merely on suspicion (probable cause, 2007). Sources of probable cause can be placed in four (4) categories: 1) observation, 2) expertise, 3) information, and 4) circumstantial evidence (probable cause, 2007). Observation is the information that agents have obtained by sight, smell or hearing. . Observations were also used when an officer detects that the general pattern of criminal activity containing suspicious behavior (probable cause, 2007). Expertise are skills that officers are educated in, such as being competent to recite gang drawings and tattoos, detection tool used in robbery or knowing when a particular motion or gesture shows that criminal activity is imminent (probable cause, 2007). Information is things like reports provided by witnesses and victims, informants, and announcements made through police bulletins, radio and TV (probable cause, 2007). Finally, the circumstantial evidence is indirect evidence which implies that a crime has been committed, but does not directly prove it (probable cause, 2007). Evidence obtained by searches and seizures made without probable cause cannot be used against the defendant at trial (probable cause, 2007).
There are many types of searches that the police may conduct warrantless, two include the search of a motor vehicle and frisk searches. A frisk search or when an officer is allowed to search outer clothing of a person for weapons (LaMance, 1999 - 2012) When a police officer frisk someone they can feel other elements that may arise suspicion, but the officer can legally search inside pocket if he feels a weapon, the only way a police officer can look elsewhere is if this is a search incidental to arrest also a person may give and officer permission to search. After that, if the agent finds something illegal, the search is then transformed into a legal research officer may lawfully arrest a person (LaMance, 1999-2012). Searching of a motor vehicle is another research that can be done without a warrant if the...

Other assignments on Search Warrants

Alternate Methods For Cancer Treatment Essay

1986 words - 8 pages vehicle for delivering some chemotherapy drugs to cancerous tumors. A special formula of castor oil called Cremophor EL is used as a carrier for paclitaxel, a drug used to treat metastatic breast cancer and other tumors. Unfortunately, the vehicle sometimes causes problems of its own, including allergic reactions. This has prompted a search for substitute carriers. Worldwide, millions of cancer patients are using alternative

Nsa Surveillance Program Essay

2180 words - 9 pages Amendment of all US citizens from unreasonable searches and seizures by requiring a warrant before any federal agency can search and seize any citizen. FISA states clearly that an executive power would need a warrant approved by its court and only for the cases where the sole ”purpose of the surveillance is to obtain foreign intelligence information” (Skalsky 15). If FISA approves a request, there is a judicial form that must be completed and must

Ncpred For Accurate Nuclear Protein Prediction Using N-Mer Statistics With Various Classification Algorithms

3249 words - 13 pages proteins are also synthesized inside nucleus. Proteins that are imported to nucleus contain a leader sequence at the N-terminus containing information needed to localize [5]. But this is not true always, as in many cases the leader sequence is altogether absent. In the past, a number of methods were developed to predict proteins, indeed not exclusively for nuclear proteins [18]. The similarity search-based techniques fall under the first category in

Criminal Justice System Paper

2630 words - 11 pages the person they believe to have committed the crime (Schmalleger, 2008). In order the process of the investigation, evidence is collected, warrants for search and seizure as well as arrest are obtained a criminal court judge (Schmalleger, 2008). The person thought to have committed the crime is taken in to custody and read his or her Miranda Rights (Schmalleger, 2008). Miranda Rights are a set of rights explaining a person’s rights granted to him

Courtroom Participants

3832 words - 16 pages setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities outside of this setting. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant

Private And Public Security

5214 words - 21 pages responsible for serving and protecting the public. Their jurisdiction includes areas in the public domain. Police officers have powers of search, arrest and detention and they are held accountable for their actions. In 1996, policing costs totalled $5.9 billion or $195 per Canadian (Swol, 1997). Private security Private security differs from the public police in a number of ways. Private security personnel work for clients who pay for the protection of

Bmwcase Stud

6811 words - 28 pages with the licenses. c. Windows Media Player. When you use Windows Media Player, it checks with Microsoft for compatible online music services in your region and new versions of the player. You may only use Windows Media Player as described at go.microsoft.com/fwlink/?linkid=104605. d. Windows Defender. If turned on, Windows Defender will search your computer for many types of malicious software (“malware”), including viruses, worms, bots

Microsoft

6811 words - 28 pages with the licenses. c. Windows Media Player. When you use Windows Media Player, it checks with Microsoft for compatible online music services in your region and new versions of the player. You may only use Windows Media Player as described at go.microsoft.com/fwlink/?linkid=104605. d. Windows Defender. If turned on, Windows Defender will search your computer for many types of malicious software (“malware”), including viruses, worms, bots

Doctors

7409 words - 30 pages disclose PHI to the individual within 30 days upon request. They also must disclose PHI when required to do so by law such as reporting suspected child abuse to state child welfare agencies. Covered entities may disclose protected health information to law enforcement officials for law enforcement purposes as required by law (including court orders, court-ordered warrants, subpoenas) and administrative requests; or to identify or locate a suspect

Mgt216

714 words - 3 pages The first ethical issue presented in the ethics game simulation was whether to warn consumers about the contaminated product and what information to provide consumers about the contaminant. The second ethical issue was whether to sell a product that does not meet U.S. safety requirements in a foreign market that has lower safety restrictions. G-BioSport was not required to meet prior approval from the Federal Drug Administration before they

Economy Effect Of Marijuana

277 words - 2 pages Modern American History by Alan Renga 2nd Mid Term! You will be given 3 Short Essay questions and 20 Multiple Choice questions deriving from this list! 80 points total! The 1920s Warren Harding then Calvin Coolidge Tea Pot Dome 1st Red Scare Immigration Restriction, Sacco and Vanzetti Langston Hughes, Marcus Garvey, KKK Prosperity, advertising Prohibition, Al Capone Flappers, Clara Bow, Rudolph Valentino Babe Ruth, Jack Dempsey

Similar Documents

Case Essay

9859 words - 40 pages that there was sufficient time for the police officers to apply for a search and arrest warrants considering that Fulgencio informed his Station Commander of the activities of the accused two days before March 21, 1989, the date of his arrest. Issue: 1. WON the arrest without warrant of the accused is lawful. 2. WON the evidence resulting from such arrest is admissible. Held: 1. Yes, the arrest without warrant of the accused is lawful

Rome Essay

415 words - 2 pages privacy also protect us from surveillance footage. “U.S. surveillance laws are based on the Constitution's Fourth Amendment, which prohibits unreasonable searches and seizures by government agents and requires that search warrants be sanctioned by a judge and supported by a suspicion that a crime may have been committed” (McCutcheon). In other words,

Criminal Procedure Policy Essay

1105 words - 5 pages , questioning, search, and apprehension. The 4th Amendment guarantees “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 Constitution of the United States, Amendment 4

Assignment 2 Leg500

2030 words - 9 pages formally known to them (www.facebook, viewed 5/1/13). The Law and Ethics in the Business Environment 7th Edition textbook explains the complaint filed against Facebook by EPIC in 2010, challenging Facebook’s privacy policies as unfair and deceptive in violation of the FTC Act (Halbert, pg.102). One technological website to private info on U.S citizens is Spokeo. Spokeo is a leading people search engine; they assimilate information from a vast array