There are different basic principles of the constitutional law a police officer, but not always a probation officer must follow when conducting an ethical and legal search of a probationer’s house. “All states grant probation and parole officers the power of arrest and search and seizure as those powers relate to the probationers and parolees under their supervision. They do not have general powers of arrest and search and seizure over the other people.” (Fagin, 2016). When it comes, the probation officer the can do a warrantless search as the probationer has signed a waiver for the probation officer to enter their residence at any time as part of their conditions of parole. “Typically, the released convict agrees to submit his person, …show more content…
He was arrested with two other individuals and driven to the police station. On the way to the station, the police observed Melendez-Diaz and one of his cohorts making unusual movements in the back seat.” (Kim & Tucci, 2008). When police searched the cruiser 19 plastic bags were found, each filled with a white substance later reported as cocaine as well as $320 on the floor. “Melendez-Diaz argued the point that these lab reports were “testimonial” in nature and that the Confrontation Clause of the Sixth Amendment required that he be allowed to cross-examine the analysts who prepared them.” (Kim & Tucci, 2008). The lab reports have ethical and professional guidelines in place to ensure all materials are handled carefully and correctly since this is such a critical job secure measures are in place. “Drug analysis certificates are widely used in place of live testimony to establish the composition, quality, and quantity of drugs introduced as evidence in criminal trials. These certificates are an efficient means of providing juries with information they need, but they do not give defendants the opportunity to cross-examine the analysts about their conclusions.” (Kim & Tucci, 2008).
Based on the ethical and professional practices of each of the branches, the law enforcement career path is most in line with my ethical beliefs and professional disposition. I feel I have a high code of ethics of what is right and wrong while it may
Throughout an 18-hour period on October 26, 1989, the appellant Marc Creighton, a companion Frank Caddedu and the deceased Kimberley Ann Martin consumed a large quantity of alcohol and cocaine. The afternoon of the following day on October 27, the three planned to share a quantity of cocaine at Ms. Martin’s apartment. The evidence and later testimony indicates that all of the members involved are experienced cocaine users. The appellant acquired 3.5 grams (“an eight-ball”) of cocaine; he did not try to determine the quality or potency of the cocaine before injecting it into himself and Frank Caddedu.
Maryland police officers pulled a vehicle over for speeding at approximately 3am on 7 August 1999. The police officers found three men in the vehicle. The driver was Donte Partlow, the front seat passenger and defendant Joseph Pringle, and the backseat passenger Otis Smith. One of the police officers asked the owner and driver of the vehicle for his license and registration. When Partlow opened the glove box, the police officer observed a large amount of money in the glove box. The police officer checked for outstanding warrants and issued Partlow a warning. Then the officer asked for permission to search his vehicle. Upon searching the vehicle the police officer found the money he had seen earlier as well as five baggies of cocaine in-between the armrest and back seat. All three occupants in the vehicle were questioned and denied any knowledge or ownership of the cocaine. Subsequently all three men were arrested and brought back to the police station for questioning. Pringle waived his rights after being given a Miranda warning and confessed that the cocaine was his and he intended to sell it. He claimed that the other occupants in the vehicle had no knowledge of the drugs. At trial, Pringle moved to suppress his confession, claiming that it was the result of an illegal arrest. The court denied his motion, and
The Federal District court denied this motion to suppress the block of methamphetamine and prosecuted Bond finding him guilty of conspiracy to possess and possession with intent to distribute. Moreover, Bond challenged the judgment made on the United States Court of Appeals for the Fifth Circuit on grounds that the court should have granted his motion to suppress the evidence since it was a violation of his right under the Fourth Amendment and because as per the petitioner, Bond, the officer had manipulated the bag in a way that other passengers would not have. The United States Court of Appeals for the Fifth Circuit rejected his argument and affirmed the lower court’s
When asked, the defendant first stated that the plastic container contained "crack that belonged to her friend." The substance was then tested and was positive for cocaine (trace amounts). The test was conducted using a field presumptive
1) Samson v. California (2006)- the court found that the 4th amendment does not prohibit police officers from conducting a warrantless search of a person on probation/ parole. Police officers may conduct a warrantless search of a person who is subjected to a parole search condition, even when there is no suspicion of criminal wrongdoing and even when the sole reason for this search is that the person is on parole.
It is crucial that administrators develop safeguards to ensure that internal investigations are conducted fairly and ethically, demonstrating the best interest of both the officer and its employers. This paper discusses the Police Officer Bill of Rights created by a subcommittee created by the Legislative Committee of the International Association of Chiefs of Police (IACP) and the importance of it being implemented and standardized across the United States.
Moreno, 579 F.2d 371, 372 (5th Cir. 1978), the compartment containing drugs had been welded onto the truck's exterior and was partly visible to a person simply inspecting the back of the truck. The defendant in United States v. Legeza, 559 F.2d 441, 442 (5th Cir.1977), was driving a car that smelled of marijuana, testified that he knew pillow cases had been concealed and that they felt peculiar, and acknowledged that the car’s owner was using him in some kind of illicit scheme. The odor of marijuana was about the vehicle in United States v. Maspero, 496 F.2d 1354, 1356-68 (5th Cir. 1974), as well, and seeds were in plain view on the trailer’s floor. Moreover, the defendants in Maspero engaged in a variety of suspicious activities while under surveillance. Again, the odor of marijuana was present about the automobile in United States v. Rodriguez, 556 F.2d 277, 278 (5th Cir. 1977). The defendant in United States v. Fonseca, 490 F.2d 464, 466 (5th Cir 1974), had previously been stopped in the same automobile, and marijuana seeds and rolling papers were discovered in that earlier inspection. A strong odor of heroin was present in the car in United States v. Gonzalez, 700 F.2d 196, 204 (5th Cir. 1976), and the defendant had been present during several veiled discussions of the drug
The purpose of law enforcement is to protect the lives and property of both the community’s citizens and people who visit and work in the community. There are many different levels of law enforcement careers such as local, state and federal agencies. There are also many different occupations within the law enforcement field. One of those occupations is a police officer. (10 Things You Need to Consider Before Becoming a Police Officer, Criminology Careers.com, August 2012, Timothy Roufa, Criminology Careers Expert). To become a police officer it takes more than just wanting to carry a gun and “catch the bad guys”. The hiring process will be long. After submitting an application, each candidate must go through a written test, a physical agility test, an oral interview or two, a “background” check of nearly every aspect of his life, including driving records, drug or alcohol usage, a thorough medical and psychological exam, and a polygraph test. Then after that, each candidate must go through an exhausting physical and mental challenge known as the Police Academy. If the candidates make it through the Police Academy then they advance to on-the-job training known as Field Training, which is even more difficult than the Police Academy. After all of this training and becoming a police officer, one would have to ask themselves if the job is worth it. Police officers are put into dangerous situations daily. After all they have to deal with drunks, the mentally disabled
Officer Powell conducted a search of Lopez prior to placing him in the back of a
for dry labbing and adding drugs to clean samples. Dry labbing is the act of supplying fictional yet plausible results in lieu of performing an assigned experiment (http://yourdictionary.com). How can you prove that it is heroin in Michael’s system if you have people tampering with the evidence? This is never a good sign because that means that all the evidence in the case would not be able to be used because of a person messing around and moving important evidence in a case. This is similar to a situation that happened in Massachusetts where a drug chemist Annie Dookhan was arrested for tampering with evidence. When people tamper with evidence, it raises questions about labs and the trustworthy of analyst examining evidence. The NAS report
The basic principle of the constitutional law that a police officer has to follow when conducting an ethical and legal search of a probationer’s house is that it goes with search and seizure. There has to be probable cause. They have to have a reason as to why they are searching the house. If in the probation order it mentions to search the house than the officer can search. If not, then they would have to have a warrant. Sometimes when a probation officer has to check up on the probationer and they have to do a search they will sometimes either do it themselves or have a police officer come with them and do it. If they do not obey the order, the police officer can arrest them and they have violated the probation order. Law enforcement should
Although freedom of speech is one of the most fundamental of all constitutional rights, the Supreme Court has indicated that “the State has interests as an employer in regulating the speech of its employees that differ significantly from those it possesses in connection with the regulation of the speech of the citizenry in general” (Swanson, 2016, p.623). This being said, many states and police department may place restrictions on the speech of its employee.
I have been struggling with the choice of choosing between military and law enforcement. As the both of them are very similar yet different among what one has to do. Some of the similarities could that both are protecting and serving. The difference is the main purpose of the military is to protect our nation. While law enforcement protects our civilians and uphold the law. The fact that both are so similar is what makes it hard to make a choice. It only depends on personal reference and what one wants to do.
Because of the case, the court came up with a clean distinction between the confrontation and compulsory clauses. Even though the sixth amendment ranted Melendez-Diaz got a permit to be able to call the forensic expert and have them as a witness. Instead, this would somehow reduce the trouble of having more witnesses on the side of the defendant as opposed to the prosecution side. However, it is a requirement that there should be testimony produced by the forensic experts who carry out the test on chemical substances in such cases. This right was
The earlier development of the law enforcement was developed by a man named Sir Robert Peel also known as the “Father of Modern Policing” (Bennett & Hess, 2007). He was born February 5, 1788 in Chamber Hall near Bury in Lancashire (Bloy, n.d.). He was the one who greatly influenced and set forth the fundamental principles of the police force. He developed an organized force called the London Metropolitan Police in 1829 that protected the people who were victimized due to high unemployment, poverty, and crime. An organization is “an artificial structure created to coordinate either people or groups and resources to achieve a mission or goal” (Bennett & Hess, 2007). The police’s goal is to protect and serve their community. Although the term of a police officer is mixed up with a peace officer “all police officers are peace officers, but all peace officers are not police officers” (Walker & Katz, 2011). The principles that Sir Robert Peel set for the police include: