Reasonable Persuasion

The California Court of Appeal found the warrantless search was justified by Rojas’s written and verbal consent. The court agreed with the majority of the federal circuits, in that, this case was “indispensable to the decision in Randolph.” The decision was ultimately concluded that a tenant’s objection has no force if he or she is not physically present. Therefore held, the warrantless search was lawful because Rojas; a co-tenant, consented. Fernandez was denied review in the California Court of Appeal, however certiorari was granted.

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

Another case that establishes the premise for determining the validity of the search includes United States v. Matlock. The question before the Court in Matlock was whether the third party's consent for the police to search the defendant's house was "legally sufficient" to render the evidence admissible at trial. Police officers arrested the defendant in his front yard, but did not request his permission to search the house. Instead, some of the police officers approached the house and requested permission to search from Mrs. Graff, who lived in the house with defendant. Mrs. Graff consented to the search and the officers found nearly $5,000 in cash in a closet. Both the district court and the court of appeals excluded the evidence from the trial, finding that Mrs. Graff did not have the authority to consent to the search. The Supreme Court granted certiorari to settle this evidentiary issue. Justice White, for the Court, espoused the

The Fourth Amendment is one of the most important constitutional protections; however, several procedural issues may arise. As seen in this case, the validity of the search warrant was questioned as well as the extent of the protection afforded. A search may be illegal even if a search warrant was issued; probable cause is

To have probable cause, there must exist “a fair probability that the police will find evidence of a crime.” However, “no amount of probable cause can justify a warrantless search or seizure absent ‘exigent circumstances.’”

Throughout time, power has been present in many forms. Race, social class, and gender have played major roles in shaping decisions of mankind, and also changes how individuals are viewed by others. Harper Lee’s To Kill A Mockingbird shows the theme of power throughout the story. During the book, Mayella Ewell is a prime example of how different powers affect someone. Mayella has power in regards to her race, but not social class or gender.

Citizens are protected by two constitutional amendments, under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises (including a vehicle), and any seizure of tangible evidence, must be reasonable.

Reasonable suspicion occurs when an equitable law enforcement officer possessing a belief or intuition of the possibility of a crime being committed, stops an alleged suspect, conducts a brief investigation and “pats” them down if it is believed the detainee possess a weapon. Reasonable suspicion became relevant in 1968, during the paramount case of Terry v. Ohio. An officer observed several people, Terry included, behaving in a suspicious manner in front of a store giving the officer reasonable suspicion to confront the suspects and conduct a brief pat down, whereas it was found that Terry had in his possession a firearm. This made the officer’s reasonable suspicion plausible, ruled by the Supreme Court, (Terry v. Ohio, 1968). Thus, this lead reasonable suspicion to probable cause to the arrest of Terry and his fellow accomplices.

Meeting the standard of probable cause requires a demonstration to the judge or magistrate that a crime has occurred, or is occurring and that evidence relative to that crime will be found at a particular location. The investigator must swear, under oath, that the information establishing a probable cause is true to the best of is or her knowledge But in certain cases getting a warrant might take time so based on reasonable suspicion police can go ahead and still conduct the search. The police can conduct searches using numerous ways such as first-hand information if someone tells them you have something your not suppose to based on that information they can go ahead and conduct a search.

Gardner, 2016). It was in 1968 in Terry vs. Ohio where the court initially ruled it to be legal for the police to detain someone and question them based on reasonable suspicion. Therefore, it is police officers’ job to identify people who are involved in criminal activity or are going to be involved in any criminal activity. If they ever see someone that they feel is acting a little suspicious and they have enough basic facts to say that their behavior seemed a bit shady, they have the right to detain that persona and question them.

Second, there must be probable cause to believe that the items sought are connected to criminal activity (Hall, 2016.) When a search warrant is granted then there needs to be probable cause that is connected to the criminal act in which we are able to find more evidence to prosecute the criminal.

Once someone reaches a level of reasonable suspicion, police officers are allowed to stop and frisk the suspects. If they are still thought to be participating in illegal activity it becomes probable cause and then the suspect will be arrested and interrogated. Due to Miranda rights people have the opportunity to speak with an attorney before being questioned and may also have one present while being questioned.

The simplest and most common type of warrantless searches are searches based upon consent. [1] No warrant or probable cause is required to perform a search if a person with the proper authority consents to a search. [2] A consent search requires the person being searched to freely and voluntarily waive their Fourth Amendment rights, granting the officer permission to perform the

The Fourth Amendment to the U.S. Constitution states “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 (Fourth Amendment). The text of the Fourth Amendment does not define exactly what “unreasonable search” is. The framers of the constitution left the words “unreasonable search” open in order for the Supreme Court to interpret. Hence, by looking at

Twenty years have passed since the implantation of the North American Free Trade agreement. While it has changed Mexico in some fundamental ways, the treaty never met many of its extensive promises to close Mexico 's wage gap with the United States, boost job growth, fight poverty, and protect the environment. The hope was that freer trade would bring stronger and steadier economic growth to Mexico, providing new jobs and opportunities for its growing workforce and discouraging illegal migration from Mexico. With modernizing the Mexican economy so that it would export goods, not people. Mexico’s people feel as though NAFTA’s pledge has created a loss of national independence and a narrow income gap.