An example would be if an office approached a car and saw an open container of liquor, or if he saw what appeared to be crack rocks on the dash board he would be able to search the rest of the car.
When it comes to searching a house without permission the officer must obtain a warrant and that can be obtained only if a judge is convinced there is PROBALE cause to believe the warrant will produce evidence of a crime. It cannot be because the officer has heard on the street the homeowner is a drug dealer. It cannot be based on the fact that the homeowner has been caught dealing drugs in the past. It must be because at this exact time in history there is reasonable and probably cause to believe that a crime is being committed. In other words it cannot be based on past or future concerns.
The threshold of probable cause in a vehicle and home search is not...
Further, these writs, once issued, could be reused, and did not expire until the death of the reigning monarch (Knappman, 33). In Massachusetts, a group of colonial merchants, represented by James Otis, petitioned the Superior Court to refuse any new applications of writ following the death of George II. Otis, using the phrase "A man's house is his castle," argued in the case that the writs were a direct violation
Tresspas THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION ONE SHREK, THE OGRE ) Plaintiff and Respondent, ) ) Case CJ -- 2012-1014 FAIRYTALE CREATURES and LORD FARQUAAD ) Defendant and Appellant ) STATEMENT OF FACTS Shrek the Ogre has for a fair amount of years, owned a property near the swamps -- a place more or less undesirable by the rest of the community of the town. He has lived a quiet
The rights given under Fourth amendment are very clear and the search warrants that are issued have to clearly state the reasons for the search being conducted. The reasons must be clear, express and concise. There can be no fishing exercise. If the party concerned gives an acceptance for search after the illegal entry was done, then even the consent is tainted and invalid. What that means is that
However Cull and Goldstein (1997) report that this focus is beginning to shift. The search for new and better drug treatments is, however, just one aspect of the therapeutic strategies to help epileptics. Cognitive therapies that focus on the physical and social limitations that seizure disorders can cause is also essential. As discussed previously, seizure disorders can lead to a number of psychological disorders including depression, anxiety and social inhibitions.
Traffic Stop In the example, four men of unidentified race, acting in an unpredictable way in a marginal area of a city, fled in a car when asked simple questions by police. The police pursued, pulled them over, questioned them, and found that their stories did not seem truthful. Items found in the car were eventually connected to a crime. According to LaFave (2004), the only issue in such a case is
search and seizure laws. The writer uses several cases to present a detailed exploration of search and seizure laws and how the courts rule when they are challenged. There were five sources used to complete this paper. The Constitution of the United States provides protection from illegal search and seizures through the fourth amendment. The fourth amendment is written in such a way that it can be vague when it
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now