Four Elements Of Arrest Analysis

The plain view doctrine is an exception to the search warrant requirements that allows police officers to seize evidence, without a search warrant, that they recognize as contraband or used in a criminal activity that is seen in plain view without having to enter the property or perform a search. In addition, a corollary to the plain sight doctrine is the plain smell doctrine, that allows if an officer smells evidence (e.g. marijuana), the officer meets the probable cause requirement to initiate a warrantless search (Lemons, n.d.). For example, an officer pulls over to assist a stranded motorist and observes in the front console of the vehicle a large bag of pills. This meets the probable cause requirement for the officer to perform a search of the vehicle.

This case is one that changed the way the United States Police forces will work forever. Every human in the world has natural born rights. Even people who have been arrested have rights, ‘The rights of the accused’. These rights are the main point of this court case.

Over time, technology has impacted the police and other law enforcement agencies with new devices for gathering evidence. These new tools have caused constitutional questions to surface. One particular case in Oregon of an individual (DLK) aroused such question. DLK was suspected of growing marijuana inside of his home. Agents used a thermal imager to scan DLK’s residence form the outside. The results indicated heat, just like the kind that is generated by special lights used for growing marijuana indoors. Constructed by the scan, a judge issued a search warrant. A warrant – a legal paper authorizing a search – cannot be issued unless there is

Search and seizure is a vital and controversial part of criminal justice, from the streets to the police station to court. It is guided by the Fourth Amendment, which states that people have the right to be free from unreasonable search and seizure of their bodies, homes, papers, and possessions and that warrants describing what and where will be searched and/or seized are required to be able to search the above things (“Fourth Amendment,” n.d.). Interpretations of the Fourth Amendment by the U.S. Supreme Court and the establishment of case law by many state and federal courts have expanded upon the circumstances under which search and seizure is legal. Several doctrines and exceptions have also emerged from the Supreme Court and other case law that guide law enforcement officers on the job and aid lawyers in court.

Throughout the past centuries, the United States has encountered many court cases dealing with illegally searching citizens homes and using the evidence found against them. Cases dealing with Search and Seizure have dated back to Mapp v. Ohio, in which Dollree Mapp’s apartment was illegally searched and child pornography was found. This case raised the question, may evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding? This issue is a major problem because it could lead to many citizens rioting and even more cases dealing with this controversial topic. In spite of many attempts to eliminate illegal search and seizures, it has still been a reoccurring problem. Regarding the issue of search and seizure, the Supreme Court has developed a much

This case mainly deals with the interpretation of our Constitution’s Fourth Amendment, which protects us from unlawful search and seizures. What we can learn from this case are: the differences in court systems, the elements that comprise the Fourth Amendment, and the controversies surrounding it. The text relevant to this case can be found within the first six chapters of our textbook, with an emphasis on Chapter 6 “Criminal Law and Business”.

A police officer is dispatched to a call in his jurisdiction for a noise complaint. The police officer arrives hearing very loud music coming from the residence which violates a noise ordinance. The police officer knocks on the front door with no answer so he proceeds to the back door to knock when he observes what appears to be marijuana plants based on his training and experience. The police officer can seize the marijuana plants based on the Plain View Doctrine. “In Harris v. United States (1968), the Supreme Court ruled that anything a police officer sees in plain view, when the officer has a right to be where he or she is, is not the product of a search and is therefore admissible as evidence.” [1] The

The United States Constitution affords all people certain rights. The Fifth Amendment states that we have the right against self incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions were to be rewritten and that is not likely to happen. In this paper we will be examining the Fourth Amendment, learning the requirements for obtaining a search warrant, defining probable cause, describing when search and seizure does not require a warrant. We will also explain the rationale for allowing warrantless searches, examine the persuasiveness of these reasons, and determine if probable cause is always

In my paper to follow I intend to better educate and provide examples and different situations dealing with the Fourth Amendment in criminal procedures.

Dating back to Colonial America, tax collectors were abusing their rights with general warrants by conducting illegal searches, and seizing individuals without probable cause or evidence of wrongdoings (Guide, 2015). Our founding fathers established the Fourth Amendment on December 15th 1791, and would further protect each citizen with the right to search and seizure. However, many cases have claimed illegal searches and seizures, resulting in numerous lawsuits where evidence was obtained. Many factors fall under search and seizure, from homes and airports to a single lawn. The purpose of this paper will be to inform the reader of the legal definition of the

“Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Zalman, 2008, p. 4). The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments are significant in studying criminal procedure. In criminal justice, the criminal procedure is important because it deals with the conflict between order and liberty directly. To understand the friction between order and liberty, Herbert Packer studied the competing values that underlie the constitutional order through the Due

Law enforcement officers are known to “hunt for property or communications believed to be evidence of crime, and the act of taking possession of this property,” also known as conducting a search and seizure. It is a necessary exercise in the ongoing pursuit of criminals. Search and seizures are used to produce evidence for the prosecution of alleged criminals. Protecting citizens from arbitrary searches, the Fourth Amendment of the Constitution is our right to limit and deny any unreasonable search and seizure. More often than not, police officers tend to take advantage of their authority by the use of coercion. Although it is unlawful, most citizens do not know what police officers can and cannot do in respect of their human rights.

Knowing ones rights when being arrested is very important, it is the best way to avoid self incrimination. The government has done a good job in assuring that all individuals who are arrested are read their Miranda rights and made fully aware of the rights that they are guaranteed as well as providing fair trial to all who are accused of a crime based on the rule set by the presumption of innocence: “innocent until proven guilty”. The purpose of this paper is to describe how the Miranda rights were

Plain-view doctrine the rule permitting a police officer’s warrantless seizure and use as evidence of an item observed in plain view from a lawful position or during a legal search when the item is evidence of a crime.

There are many challenges that law enforcement agencies faces when it comes to enforcing public safety at the same time protect the rights of individuals. This paper will focus on several key topics involving the relationship between public safety and individual rights. The first topic is the statutory authority and responsibilities of government officials, security personnel, and private citizens. The next topic involves the practices or laws relating to search, seizures, and surveillance by police, corrections, private citizens, and security personnel. This paper will also compare the laws relating to the use of