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When discussing search and seizures or search warrants the individuals constitutional rights are the first thing that comes to mind most considerable the fourth amendment which 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 .” Therefore, as stated in the fourth amendment no warrants shall be issued unless probable cause is present. To receive a search warrant the officers must support their showings with sworn statements (Legal Information Institute, n.d.) Therefore, a search warrant is needed once the officers believe there is probable cause and only after they submit sworn statements and are approved by a judge to execute the search warrant. Law enforcement must have probable cause to demonstrate to a judge that they have enough suspicion to receive a search warrant. The only policy and practice required by the court to attempt to receive a search warrant is the presence of probable cause (Bowers, 2014). The exceptions to search warrants include searches incident to an arrest, consent searches, vehicle searches, container searches, and emergency circumstances (AMU Lesson 3, 2020). Searches incident to an arrest allows a warrantless search of an arrested individual so that officer is safe, the suspect cannot escape, and to preserve evidence. respond to this discussion question in 100 words .

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Searches incident to an arrest allows a warrantless search of an
arrested individual so that officer is safe, the suspect cannot
escape, and to preserve evidence.
respond to this discussion question in 100 words

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Chapter 13: Interrogation, Electronic Surveillance, and Other Police Practices 471 # 151053 Cust: Cengage Au: Hall Pg. No. 471 Title: Criminal Law and Procedure Server: __________________ K Short / Normal DESIGN SERVICES OF S4-CARLISLE Publishing Services confessions, and admissions to prove guilt is controversial. The United States Supreme Court has recognized that admissions are highly suspect when relied upon alone to obtain a confession. The Court stated, in Escobedo v. Illinois (1964),4 that a “system of criminal law enforcement which comes to depend on the ‘confession’ will, in the long run, be less reliable and more subject to abuses than a system which depends on extrinsic evidence independently” obtained through other law enforcement practices. At common law, confessions and admissions could be used freely, as long as they were made voluntarily. The early basis for excluding involuntary confessions was the Due Process Clauses of the Fifth and Fourteenth Amendments.5 Eventually, federal defendants could seek to have confessions suppressed if they were not taken before a magistrate promptly after arrest. This was known as the McNabb-Mallory rule, named for two Supreme Court cases.6 The rule was not constitutionally based. Instead, the Court announced the rule in its supervisory role over the nation’s federal courts. While the rule of quick presentment of arrestees to judges had existed at common law and had been codified by Congress, there was no remedy for violations. Accordingly, the Court held that confessions that occurred after unreasonable delays should be excluded. Congress reacted to McNabb-Mallory and Miranda by enacting a statute that permits the admission of a confession so long as it was voluntarily given. Another section provides that regardless of any delay in presenting a suspect to a judge, a confession shall be admitted if obtained within 6 hours of arrest. In Corley v. United States, 556 U.S.—(2009) it was held that if there is a delay in presenting a suspect to a judge longer than 6 hours, the old McNabb- Mallory exclusionary rule applies if a delay is found to be unreasonable. Today, interrogations, confessions, and admissions are governed by these rules, as well as two broader rights: the Fifth Amendment right to be free from self-incrimina- tion and the Sixth Amendment right to counsel. Miranda By virtue of popular television and films, the Supreme Court case Miranda v. Arizona, or at least the “Miranda” warnings that are a product of that case, is one of the best known judicial decisions of our time. [The Supreme Court consolidated appeals from several individuals who had been convicted at trials where their confessions were entered into evidence. Ernesto Miranda, for whom the case is named, was arrested for rape and kidnapping. He was interrogated at a police station. He was not advised of his constitutional rights, he never requested to see .

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C H A P T E R 3 Essential Fourth Amendment Doctrines 105 CHAPTER OUTLINE THE SEARCH WARRANT Search Warrant Values: A Neutral and Detached Magistrate Obtaining a Search Warrant Particularity The Intersection of the First, Fourth, and Fifth Amendments Anticipatory Warrants and Controlled Deliveries Challenging a Search Warrant Affidavit Executing a Search Warrant: Knock and Announce Inventory and Delayed Notice; “Sneak and Peek” Warrants Deadly Errors REVOLUTIONIZING THE FOURTH AMENDMENT Modernizing Search and Seizure Law Creating the “Expectation of Privacy” Doctrine Applying the “Expectation of Privacy” Doctrine Undercover Agents and the Fourth Amendment PROBABLE CAUSE AND THE FOURTH AMENDMENT The Concept of Evidence Sufficiency Defining Probable Cause Probable Cause Based on Informers’ Tips Conservative Revisions PLAIN VIEW AND RELATED DOCTRINES Plain View Curtilage and Open Fields Airspace Enhancement Devices CONSENT SEARCHES Voluntariness Requirement Knowledge of One’s Rights Third-Party Consent Scope of Consent “Knock and Talk” LAW IN SOCIETY: POLICE PERJURY AND THE FOURTH AMENDMENT SUMMARY LAW PUZZLES JUSTICES OF THE SUPREME COURT: ROOSEVELT’S LIBERALS: DOUGLAS, MURPHY, JACKSON, AND RUTLEDGE William O. Douglas Frank Murphy Robert H. Jackson Wiley B. Rutledge Power is a heady thing; and history shows that the police acting on their own cannot be trusted. And so the Constitution requires a magistrate to pass on the desires of the police before they violate the privacy of the home. —JUSTICE WILLIAM O. DOUGLAS, McDonald v. United States, 335 U.S. 451, 456 (1948) M03_ZALM7613_06_SE_CH03.QXD 1/11/10 3:03 PM Page 105 R O D D Y , A N T H O N Y I S A A C 3 7 2 7 B U 106 Chapter 3 KEY TERMS anticipatory warrant beeper consent search constitutionally protected area controlled delivery curtilage enhancement device exigency ex parte expectation of privacy industrial curtilage inventory and return “knock and announce” rule magistrate media ride-along neutral and detached magistrate no-knock warrant open fields plain feel rule plain view plurality opinion probable cause reasonable suspicion secret informant “sneak and peek” warrant telephonic warrant thermal imaging two-pronged test undercover agent This chapter presents five basic areas of Fourth Amendment law: (1) the search warrant, (2) the ‘expectation of privacy’ doctrine, (3) probable cause, (4) the plain view doctrine, and (5) consent searches. Although in practice most searches are conducted without a warrant (i.e., are “warrantless”), the Fourth Amendment presumes that judicial search warrants are essential for preserving the privacy protections of the people. The expectation of privacy doctrine, established in 1967, is now the theoretical backbone of Fourth Amendment analysis. Probable cause, the level of evidence required by the Constitution before government agents can invade individual privacy, is the required basis for arrests and searches and seiz ...

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