Federal Task Force In Service Training   Unit 3 Ip
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Federal Task Force In Service Training Unit 3 Ip

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This article will provide an In Service Curriculum reviewing A Discussion on the Process by which a search warrant is sought and issued that emphasizes the Fourth Amendment requirements. You will......

This article will provide an In Service Curriculum reviewing A Discussion on the Process by which a search warrant is sought and issued that emphasizes the Fourth Amendment requirements. You will also be able to see the definition of probable cause and its standards in which it is met. There are two types of searches that do not require a warrant which will also be covered in this article as well as addressing a few questions such as What the rationale is for allowing warrantless searches, and if those reasons are persuasive, and whether or not all searches require that probable cause exists or if there are exceptions or not. The Thesis for this article is “Now is right, in doing the right thing”. (AIU Online, 2009)

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  • 1. Running Head: IN SERVICE TRAINING CURRICULUM<br />Policing<br />Carla J. McCoy<br />Unit 3 Individual Project<br />March 1st, 2009<br />American InterContinental University<br />Abstract<br />This article will provide an In Service Curriculum reviewing A Discussion on the Process by which a search warrant is sought and issued that emphasizes the Fourth Amendment requirements. You will also be able to see the definition of probable cause and its standards in which it is met. There are two types of searches that do not require a warrant which will also be covered in this article as well as addressing a few questions such as What the rationale is for allowing warrantless searches, and if those reasons are persuasive, and whether or not all searches require that probable cause exists or if there are exceptions or not. The Thesis for this article is “Now is right, in doing the right thing”. (AIU Online, 2009) <br />AchievementsExcel for Windows, Computerized Accounting/Quicken, Intro to Data Base/File Management, Desktop Publishing with Word Perfect, Working with Windows, MS/PC DOS, and QuickBooks. Obtained Cosmetology License. Associates of Arts in Business Administration (AABA)References available upon Request. Career History1999-2003 - Revenue Management - Cingular Wireless/Wichita Falls, TX - Wireless Communications. 1997-1998 - Owner/Manager - Future Specialty Wholesaling/Vernon, TX - Privately Owned Business. Education and qualificationsGEDAssociates of Arts In Business Administration – Concentration in Criminal Justice AdministrationBachelors of Science in Criminal Justice Administration – Concentration in Special PopulationsHobbiesWriting PoetryDrawingPersonal DetailsCarla J. McCoy1405 Covington(940)851-0086Carla-McCoy@hotmail.com 10/04/1968SingleTexas Issued Drivers LicenseExperience / Specialism’sCustomer/Client Documentation and Inquiries pertaining to service, products, billing, equipment, claims, and problem areas. Able to use Multiple queues over customer contact channels. Improving Customer Retention and Problem Solving through programs and services. Operational System Experience in the Collection for Payments through Administering System Functions. References available upon Request. Personal Profile / Personal Attributes Verbally Articulate, Quick and Sufficient in Communication and speaks persuasively.Profound Tendency to be neat and meticulous.Socially Outgoing, Good at Goal Setting, and Frequently sets Trends.Conscious of other’s reaction towards myself and the image I’m conveying to the point of being referred to as a Homologist. Often good at synthesizing information, and focusing on rational material and value objectivity. In conflict, emotions are kept out of the situation as to deal with objective facts. References available upon Request. This Curriculum is by Carla J. McCoy. It is used soley for teaching and training others, but it is not to be sold or published in any form. Further details and help at mailto:Carla.McCoy4@student.aiuonline.edu Carla J. McCoy accepts no liability for any issues rising. This will be used for teaching or training approximately 30 Officers for an upcoming two-week school. Print copy for your own records. Carla J. McCoy – Federal Task Force in Service Training<br />February 26th, 2009<br />In Service Training Curriculum<br />
    • Process of a Needed Search Warrant emphasizing the Fourth AmendmentSearch Warrants are Intrusive and SpecificSearch Warrants are not equal Fourth Amendment Rules on Search WarrantsProbable Cause of Actual CrimeProbable Cause of Physical EvidenceProbable Cause and the standard in which it’s metDefinition of Probable causeCriminal and Civil Law standardsSearch, Arrest, and LibertySufficient EvidenceTwo types of Searches without WarrantsEmergency SituationImminent DangerProtection of Police OfficersRationale Allowing Warrantless SearchesExplanations of Tasks performedLawful ArrestPersuasive ReasonsFourth Amendment AnalysisSocietal UnderstandingEvidence obtained during SearchesMagistrates ReviewSearches requiring Probable Cause & ExceptionsReasonable SuspicionDetaining People and Conducting SearchesBelief of a Crime Committed through Probable Cause
    Introduction<br />A two week In-Service Training program for approximately 30 officers has been set. The most important part of the training course is going to center on various types of searches that are authorized by federal law as well as what is necessary to legally support those searches. Some important elements will be included in this Curriculum which include a Discussion on the Process in which a search warrant is sought and issued, we will emphasize the Fourth Amendment requirements, as well as Define probable cause and the standards in which probable cause is met. A Description as well as Discussion on two types of searches that do not require a warrant will be presented and we will need to consider addressing the following questions which will help all 30 officers get a better understanding of the Curriculum they have been provided with. The questions we will need to answer in this training session are what the rationale is for allowing warrantless searches. We will also need to review and answer if those reasons are persuasive or not and whether or not all searches require that probable cause even exists or if there are exceptions or not. We all know that doing the right thing now is much better than waiting until other problems arise. Good luck and I look forward to the In Service Training that will be provided to all of you. (AIU Online, 2009) <br />In Service Training Curriculum<br />Law Enforcement Training offers the most comprehensive curricula to law enforcement agencies and officers. This training course will cover a wide array of elements in areas such as: <br />
    • The Process in which a Search Warrant is sought and issued that emphasizes the Fourth Amendment requirements.
    • 2. A definition of Probable cause and standard by which it is met.
    • 3. A Definition and Discussion on two types of searches that do not require warrants.
    • 4. Questions involving the rationale that allows warrantless searches
    • 5. Questions involving whether those reasons are persuasive or not.
    • 6. Questions involving whether or not probable cause actually exists or not and if there are any exceptions.
    (AIU Online, 2009) <br />Search Warrant Process and Fourth Amendment Requirements<br />Discussion<br />Search warrants are not only intrusive they must also be specific and they are not all equal. If you use a search warrant for example to obtain business records of a corporation or even an executive who is suspected of fraud this process is not easy, however if you use a search warrant to locate an seize a piece of evidence such as a weapon, or drug then it is fairly simple to do. The Fourth Amendment has to be considered and taken seriously when obtaining a search warrant as well to be careful to respect the right of other people to be secure in their houses, persons, effects, and papers against unreasonable searches and seizures, shall not be violated. No warrants shall be issued but upon probable cause, supported by Oath and or affirmation, and has to be particularly describing the place to be searched and persons or things to be seized. (United States Senate, 1996)<br />A search warrant is sought and issued by investigators demonstrating two things. First, they have to show probable cause that an actual crime was committed. Secondly they must show probable cause that there is physical evidence that can be found in a particular place. As long as both of these requirements are met there should be no problems arise. No judge will approve a search warrant without law enforcement being specific as to the items and location they wish to search. The judge decides if the warrant will be issued or not after his review. (Grosso, A., 2009) <br />Definition of Probable Cause & the standard in which it’s met<br />The Definition of Probable Cause is a reasonable belief that is based on facts which can be articulated which is required to sue or arrest and prosecute a person that has committed a crime. The standard in which it is met is more important in Criminal Law than it is in Civil Law due to being used in Criminal Law as a basis in order to search, arrest, and deprive someone of their liberty. Civil cases will deprive a person of property, but can’t deprive a person of their liberty. If the plaintiff in a court room does not have probable cause for a claim, they may end up facing Malicious Prosecution later on which the defendant will pursue. When this happens it basically means the plaintiff did not have sufficient evidence to support the claim, and the courts will more than likely dismiss a case like that. (The Free Dictionary by Farlex, 2009)<br />Two types of Searches without Requirement of a Warrant<br />There are two types of Searches that do not require a warrant and that is when there is an Emergency Situation such as if the officer had witnessed a theft of some sort and began to pursue the criminal to make an arrest yet the criminal flees and takes refuge in someone’s private residence then police may indeed follow him inside an do not need a search warrant to enter the private residence nor to search and collect evidence that is in plain sight or within reach of the criminal. The police may also enter a private residence if they hear someone screaming for help or are under the belief that someone or their property is in imminent danger and that great harm would come to that person if the time was taken to obtain a search warrant. Another situation where a warrant is not required would be after they arrest someone. Once the police arrest someone and take them into their custody then police officers may search their body and immediate surroundings. The courts have allowed this rule to take place which actually protects the police officers from people who may have weapons. (Law Info, 2008)<br />Questions to Consider on Rationale for allowing Warrantless Searches<br />Rationale means to have an explanation of the fundamental reasons a task is to be performed using logical reasoning. The rationale that allows warrantless searches was created to allow officers to be sure the person or persons arrested are not carrying, or within reach of a weapon that could be used to endanger others. However, the Arrest has to be lawful, the person or persons need to be arrested prior to the search, the arrest must not be made on false pretences so officers may search only to hope they find incriminating evidence, and the search should be aimed at finding weapons or evidence that is connected with the arrest. Also the search and seizure has to be made at the time and place of the arrest and the only person or persons arrested are the only ones allowed to be searched without a warrant. (The Missouri Bar, 2006) <br />Question on Reasons being Persuasive<br />Where rationale is concerned there are various reasons why this would be persuasive is because under the Fourth Amendment analysis the Supreme Court has stated that the analysis must turn on such factors as “our societal understanding that certain areas deserve the most scrupulous protection from government invasion.” Any evidence obtained when searching a person or their things does not intrude on legitimate expectation of privacy which has to be properly considered by the magistrate. (Court of Appeals of Iowa, 2001)<br />Questions regarding Searches requiring Probable Cause<br />The question is Do all searches require that probable cause exist or are there exceptions? No they do not. The Supreme Court permits an officer to act without probable cause upon “reasonable suspicion of criminal activity” (Bodenharner, D., 2009) Exceptions to the general rules are that Police may detain, and conduct a limited search of a person in a public place providing they have that reasonable suspicion that a crime has been committed. However an officer may not arrest any person until they have possessed probable cause that causes the officer to believe the person or persons have committed the crime. (The Free Dictionary by Farlex, 2009) <br />Conclusion<br /> There are various reasons why search warrants are sought and issued that are laid out in the Fourth Amendment which have been discussed in this Curriculum. You have learned the definition of probable cause and the standards by which probable cause is met. You’ve reviewed two different types of searches that do not require a warrant and considered three valid questions as to what rationale is for allowing warrantless searches as well as whether those reasons are persuasive or not. You’ve also learned that all searches do not require that probable cause exist and what exceptions there are. In conclusion of this in service training course I’d like to extend a personal Thank You to all thirty officers who attended this course and wish each and every one of you good luck on your journey’s. (AIU Online, 2009) <br /> AIU Online, (2009) Policing CRJ101 Unit 3 Individual Project Assignment American InterContinental University retrieved on March 1st, 2009 at https://mycampus.aiu-online.com United States Senate, (1996) Fourth Amendment Search and Seizure the Constitution of the United States of America. Retrieved on March 1st, 2009 at http://www.gpoaccess.gov/constitution/html/amdt4.htmlGrosso, A., (2009) Search Warrant Applications from the ‘Lectric Law Library’s stacks retrieved on March 1st, 2009 at http://www.lectlaw.com/files/cri12.htmThe Free Dictionary by Farlex, (2009) Probable Cause retrieved on March 1st, 2009 at http://legal-dictionary.thefreedictionary.com/Probable+causeThe Missouri Bar, (2006) Search and Seizure Civics Library of the Missouri Bar retrieved on March1st, 2009 at http://members.mobar.org/civics/Searches.htmBodenharner, D., (2009) Exceptions to Search Warrant Rules Answers.com retrieved on March 1st, 2009 at http://www.answers.com/topic/exceptions-to-search-warrant-rulesCourt of Appeals of Iowa, (2001) Andrew Dean Skola, Defendant-Appellant Iowa Judicial Branch retrieved on March 1st, 2009 at http://www.judicial.state.ia.us/court_of_appeals/recent_opinions/20010523/00-1183.asp?Printable=trueLaw Info, (2008) When is a Search Warrant Necessary Quality Legal Services You Can Count On Retrieved on March 1st, 2009 at http://resources.lawinfo.com/en/Articles/Criminal-Law/Federal/when-is-a-search-warrant-necessary.htmlReferences<br />