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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...
In a vehicle if plain view is suspected or someone is under arrest for dui or any other violation their vehicle can be searched without a warrant.
If a person is under arrest for any crime that does not give law enforcement the right to search their private residence without first convincing a judge there is probable cause and getting a warrant.
CONCLUSION home is more closely protected and secluded from search and seizure than a vehicle is. A home search without permission must almost always contain a warrant, while vehicle searches require warrants much less frequently. In the case of this scenario officers cannot search the house without a warrant but if they can find legitimate reasons to commit traffic stops on the vehicles leaving the house and they find anything illegal in plain view they have the right to search the cars.
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
This is true because of the following: Computer storage devices (hard disks, diskettes, tape, and removable drives) can store the equivalent of thousands or millions of pages of information. When users desire to conceal criminal evidence, they often store the information in random order with deceptive file names. Directories and subdirectories that contain these files can also be electronically hidden from normal view. Special forensic software is required to
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.
Supreme Court and Cell Phones According to The Times Editorial Board (2013), the case concerns David Riley, a Californian college student, who was pulled over by police for expired tags. During the incident, it was also discovered that his license had been suspended. As a result, the car was impounded and searched, after which guns were found under the hood. Riley was then arrested and his Samsung phone was confiscated. When