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King Case Study Individual Paper
U.S. v. King Case Study
Elise Flanagan
BCC 402
Bobby Kemp
14 March 2016
Introduction
The purpose of this work is to discuss the relevancy of the court case the United States of America
v. Richard D. King, Jr. and the influence it had on future cybercrime cases. A description will be
given as to how the Fourth and Fifth Amendments are applied to cybercrimes, as well as an
explanation how the Fourth and Fifth Amendments were addressed in this case. Further explanation
on how the King ruling may apply to other cases involving computers or other devices that contain
electronic evidence is provided.
The 4th and 5th Amendments Applied To Cybercrimes The 4th Amendment can be applied to
cybercrimes, but not the 5th Amendment. However, the 4th ... Show more content on
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A brief summary of the events leading up to the case provided through the University of Phoenix
materials includes King's involvement in email communications with Larkin, the mother of a 2 year
old girl who would later be abused by King sexually. Because Larkin and the child, known as
"Peanut", were residing in King's residence, law enforcement would serve an arrest warrant there
against Larkin and to rescue Peanut from abuse by her caretakers. King walked the officers to
Larkin, who willingly gave up her computer to investigators. King objected that his hard drive was
in her computer and did not give permission for officers to take it, but they did so regardless of his
objections. King would later be connected to further criminal activity and willingly went to speak
with law enforcement, where he made admissions to his involvement. King would later try to have
his admission and other evidence obtained through investigating Larkin as well hidden when he was
charged and faced trial for his crimes (University, 2016).
In regard to the 4th Amendment, King asserted that "the police violated the Fourth Amendment
when they entered his house on February 19, 2004 and seized his hard drive without a warrant or his
consent" (FindLaw, 2016). Because the owner of the computer hardware was disputing the legality
of its removal from someone else's property without his permission, King
... Get more on HelpWriting.net ...
Midtown Research Paper
The Midtown Lofts apartment complex pool was closed for the season. The groundskeeper who was
making his final round for the week when he noticed something rather someone floating near the
shallow end. Horrified he tore across the pool deck and through the courtyard to find help. He found
the apartment manager who then proceeded to call 911.
When the cops arrived at the Midtown Lofts apartments at 5:42 p.m. on Friday, they determined that
the fellow floating face down in the shallow end of the community pool was a Mr. James Joseph
Esters. He was a younger fellow, 26 years old to be exact, and he lived there at Midtown. According
to his rental agreement, he worked and studied nearby at Thomason University. He was a smart kid.
He was working as a teaching assistant while working on his Ph.D. in physics. There were three stab
wounds found on Mr. ... Show more content on Helpwriting.net ...
"James sent his obnoxious friend over with a peace offering gift a few days ago. It was a silver
bracelet... if he knew me at all, he would have brought me gold," stated Viola. That was right...
Viola only wore gold. Tons of it. He made that mistake many years ago, when she threw the silver
necklace he gave her back in his face. Mr. Doyle decided that he would do anything to prove that
Ms. Viola Prescott was innocent. All he had to do was find the real murderer.
To start with, he needed to find the real murder weapon. It was as clear as day that the police hadn't
found the real weapon. Doyle put in a request for a search warrant of the three suspect's living
spaces. Within hours, he received the authority to proceed with the search.
After searching Mr. Michael Blume's house, he found absolutely no evidence of criminal activity.
He talked to Michael while he was searching his house. The only sin committed was a little
competitive jealousy. Determining this made Mr. Doyle become extremely nervous. There were
only two suspects left and one was his former
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The Importance Of A Warrant Arrest
Due to the laws in the Bill of Rights, no officer has the right to arrest any individual unless they
have probable cause. Two ways an officer can make an arrest include, arrests with a warrant and
arrests without a warrant (Peak, 2015). A warrant arrest occurs when an officer can justify that he or
she has enough probable cause to a neutral magistrate, who will then decide if enough evidence is
present to warrant an arrest. (Peak, 2015). Once a warrant is obtained, an officer has the right to take
the suspect into custody to answer the charges. While a warrant arrest is preferred, street cops often
do not have time to get a warrant. If time does not permit a warrant, an officer has the right to
conduct a warrantless arrest (Peak, 2015).
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Eduardo Quintana Case
Abstract
This research paper is going to focus mainly in the process followed by Officer Bird during a traffic
violation that led to the arrest of the suspect named Alejandro Quintana. The analysis of the two
sides of the coin, the officer and the suspect taken into custody is of main interest in this case. There
are a variety of steps to be followed prior to an arrest. The officer/investigator should be responsible
for any action taken towards an individual who is about to or being processed. In the particular case
of Alejandro Quintana, officer Bird executed the arrest of a suspect that clearly was suspicious
utilizing probable cause and plain view search in order to arrest him and seize the evidence. Mr.
Quintana's Fourth Amendment right ... Show more content on Helpwriting.net ...
Bird could have not searched the trunk of Mr. Quintana's car even if she thought he was hiding
something from the law. According to Swanson et, al. (2014), "the Supreme Court ruled I the 1981
case New York v. Belton that when a police officer makes a lawful custodial arrest of the occupant
of an automobile, the officer may search the vehicle's passenger compartment as a contemporaneous
incident of arrest...The right to search includes any open or closed containers found in the passenger
compartment...It does not include the trunk" (Swanson et, al. 2014), p.30). The arrest of Mr.
Quintana gives the officer the right to search the passenger's side but not the car's trunk. Officer Bird
couldn't be able to legally search Mr. Quintana's car trunk without and issued search warrant on the
motor vehicle's trunk. According to (Decker, 1999),"The purpose of a warrant is to allow a neutral
judicial officer to assess whether the police have probable cause to make an arrest or conduct a
search" (Decker, 1999, para.2). This one reason provides an even field for the suspect and the police
officer, giving the judge issuing the warrant the decision making process of whether or not
permitting the prosecution of the individual who can be innocent by an officer unlawfully
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Detective Dulllay Case Study
"Precinct to Detective DullRay we currently have officers responding to 135 Union Ave, apartment
12B. We received reports of a murder crime from that location." This is all I heard from the city
dispatch center, and I began to make my way over to the crime scene. It took about twenty minutes
because of traffic and when I got there the scene was already secured. The crime was mainly
contained in one room, the study which is a very cliche place for a crime but a crime scene is still a
crime scene. It seemed nice and cozy if there wasn't a dead body in the middle of the room and a
mess all over the floor. The air was filled with a lavender scent mixed with blood. I've seen worse
cases but this one was definitely one of the weirdest. The body formally ... Show more content on
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"Interesting, so we may be dealing with department corruption" I said. So at the current moment
there were three suspects in this case, George Valdres, the email sender and Jane Diangelo. I decided
it would be best to bring George in for questioning later today. Before that however I wanted to look
into the Chief's emails and need to appeal to the department to receive a search warrant for the
Chef's computer. I put in the appropriate paperwork when I got back to my office.
Several hours have passed and I received word that George Valdres was in the interrogation room. I
made my way over there to ask several questions, and the first being why his fingerprints were on
the pill bottle. He said that he was a pharmacist, so his fingerprints were on many medicine bottles. I
asked him next if he knew our victim Robert Diangelo, and he said he didn't. Then I asked if Chief
Jones ever stopped in for medication, like painkillers. To this question George said he has seen the
police chief in the pharmacy several time over the past couple of months. I concluded my
questioning and the officer who was listening in was able to confirm George's employment and sales
records from the
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Utah V. Illinois Detective Fackrell
UTAH v. STRIEFF
Reading over UTAH v. STRIEFF I will expound on some facts of the case that impacted some of
the decision making in police administration. Narcotics detective Douglas Fackrell was surveilling a
South Salt Lake City residence due to the anonymous tip on suspicious drug activity. Based on his
surveillance he determined that the resident was drug dealing. Detective Fackrell saw Strieff leaving
the residence. He identified and detained Strieff to answer questions about what was going on inside
the house. He ran a check and discovered he had an outstanding arrest warrant for a traffic violation.
Detective Fackrell searched him and found little baggies of methamphetamine and drug
paraphernalia only minutes after the illegal ... Show more content on Helpwriting.net ...
Assuming but not determining Detective Fackrell did not have enough grounds to stop Strieff at
first, but when he was made known of the arrest warrant; it attenuated the connection with the
unlawful stop and the evidence detained from Strieff incident to his arrest. He discovered the drugs
only in the minutes after his illegal stop. Although he had a valid warrant, it had nothing to do with
the discovery of evidence. The warrant only allowed Detective Fackrell to arrest Strieff, but his
search of Strieff's incident to that arrest was considered lawful. The detective was careless in nature
and called his judgment to be questioned. Did he violate Strieff's Fourth Amendment rights?
Although his conducted an unlawful stop, his conduct was lawful, and there are no signs that the
stop was part of any systemic or police misconduct. At this point, Detective Fackrell's judgment
should not constitute a warrant suppression. He was not there just to poke at Shierff. He was there to
gather information about his investigation. Strieff says otherwise due to the absence of probable
cause.
The court determined a baseline or how they were going to exclude evidence based on the Fourth
Amendment violation. Dismissal is only necessary when the benefits outweigh its costs. The
exclusionary rule is very vital in determining if the police officer's conduct was unlawful. By
excluding the illegally obtained evidence, courts minimized the temptation of the
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Arrest Warrant Vs Search Warrant Analysis
Lissette Laureano AC1403293
Assignment #3
The difference between an arrest warrant and a search warrant is that arrest warrants are issued to
allow the police to identify and locate persons who need to be arrested. These are usually persons
who have previously been arrested, released on bail, but then failed to make a subsequent court
appearance after their release. These are specific warrants that apply only to one person. Another
type of arrest warrant obtained most often for felony cases. Once law enforcement officials have
gathered enough evidence against a person they are investigating, to show probable cause that a
particular person has committed a crime(s) listed, and then a judge will sign the warrant for an arrest
to
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Explain Four Exceptions To The Warrant Requirement
1. Discuss and explain four exceptions to the warrant requirement. What are the prerequisites for
each exception? Be sure to provide examples.
There are a couple of exceptions to the warrant requirement. Here there will be four that we are
going to focus on. (In Gardner & In Anderson, 2016, p. 363).
Search incident to Lawful Arrest– if an individual happens to be arrested lawfully they are no longer
a free citizen therefore a police officer may search their persons and any areas that are within their
reach. An example can be Mary is arrested for driving under the influence of alcohol. She was
stopped after swerving through the road and going at a very slow speed. A search of her vehicle
found narcotics in the passenger side of the vehicle. She was herself and that was within her
wingspan.
Consent– this is where individual volunteers to give consent to the police officers to enter the
premises. An example of this type of exception can Officer Roberto knocks on the door for an
aggravated battery assault charge. This suspects girlfriend opens the door the officer asks if he may
come in to see if the suspect is around she agrees to let him in.
Stop & Frisk– if the police officer has reasonable suspicion that a criminal act took place or is about
take place he can search the suspect. If the police officer believes they are arm and dangerous. It is a
bit less serious than probable cause. An example can be Johnny is walking down the street with a set
of pliers in his
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The Pros And Cons Of Probable Cause For A Search
Hey, Professor Farris, according to the Shelby County Sheriff's Department any search or seizure
without a warrant must be justified and supported by clear, convincing and articulable facts. Officers
must be prepared to justify any and all warrantless searches. A search without a warrant has
consistently been found by the courts to be preemptively unreasonable, and therefore invalid, absent
specific and articulable facts. If an experienced officer has the reasonable suspicions can articulate
to a set of facts and circumstances that criminal activity may be afoot and make rational inferences.
(Booker, 2015) The officer must have probable cause under any circumstances that would lead a
reasonable man to believe that it is more likely than not a certain individual has committed or is
committing an absolute crime. Officers may search vehicles when there is probable cause to believe
that contraband or evidence of a crime is present in the vehicle. The vehicles need only to show
inherent mobility rather than actual mobility. The search can be made immediately or delayed as
long as probable cause existed even if the vehicle has been impounded and immobilized. An officer
may search in any place that the object of the search may reasonably be found. This includes locked
containers. Probable cause must be item specific. Probable cause for arrest is not probable cause for
a search. Probable cause for a warrantless vehicle search has to be just as sufficient as probable
cause to support
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Uncle Bob Essays
Technology seems to develop at the speed of time. There is always something new and exciting on
the horizon that someone is talking about. The last place that you would think you would have a
negative experience with technology is on vacation; trying to enjoy the sun atmosphere of a place
other than home. This is exactly what happened to my Uncle Bob; he was stopped for speeding in
Florida. He answered the Law Enforcement Officers' questions calmly and was then placed into the
back of his cruiser.
The process by which the Officer obtained the information is very routine; personal, one–on–one
conversation. Many people do not realize it but when they are talking to an officer of the law, that
person is constantly being evaluated; verbal ... Show more content on Helpwriting.net ...
For example, a law enforcement officer can search NCIC during a traffic stop to determine if the
vehicle in question is stolen or if the driver is a wanted by law enforcement. The system responds
instantly. However, a positive response from NCIC is not probable cause for an officer to take
action. NCIC policy requires the inquiring agency to make contact with the entering agency to
verify the information is accurate and up–to–date" (http://www.fbi.gov/about–us/cjis/ncic/ncic,
2010).
Uncle Bob could have been detained for many reasons; a bench warrant for a failure to appear for
example. The more severe cases may be a felony warrant for drugs, sexual assault, battery, burglary,
etc. But at the end of the day it is on the arresting agency to confirm the accuracy of the information
that they discover when running his personal data. They need to ensure that what they discover is
correct and current. They do this by contacting the agency who provided that original information.
The main issues I have with this situation is that Uncle Bob has never left the state of California and
for him to have to travel all the way to Florida to get arrested seems a little far–fetched to me. The
arresting agency would have to provide thorough due diligence to ensure that it was a good arrest.
Did the person sought after ever commit a crime in another state, was the local LEA provided a
photograph of the other Uncle Bob, was my Uncle Bob hiding something? All great questions
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Residential Burglary At 123 Anywhere St, Fayetteville...
Case Summary
On 8–24–16, at 0700, I was dispatched to 123 Anywhere St, Fayetteville North Carolina, in
reference to a residential burglary at the home of Mr. Jesse Johnson, the victim. Mr. Johnson
informed me that he left for work about 2130 last night, and returned home for the first time at about
0600 this morning. He noticed his front door was open and when he entered his home he
immediately saw that his 42'' Panasonic flat screen television had been stolen. After investigating
further, the victim realized that his Dell laptop, as well as $1500 cash he was saving for home
improvements, had been stolen. The front door of the victim's home appeared to have been pried
open with a crowbar. The victim's residence was processed for latent evidence. No other evidence
was found at the scene and Mr. Johnson was unable to give any leads to who may have been
responsible for the burglary.
On 8–24–16, I ... Show more content on Helpwriting.net ...
Jackson. The search was based on the information obtained from Michael Angelo, the witness who
had gone to play cards in the home of Brent Jackson. who had the exact same TV with its distinctive
scratch in his residence. The search was for a 42" Panasonic flat screen television with a distinctive
scratch on the console, a crowbar, a dell laptop, and a dark bag containing money. The search
warrant was granted and upon completion of the search, I retrieved a 42" Panasonic flat screen
television with the identifying mark from the home of Brent Jackson. The TV was seized and logged
into evidence. No other items were located during the search of the home.
On 9–14–16, Informant Number 1105 stated that he was associated with suspect Marc Smithson
who lives on Jones Street. 1105 states that Smithson offered to sell him a laptop. 1105 believed that
Marc would sell him the computer. 1105 was willing to broker the deal between the suspect and an
undercover officer to rec over the stolen
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Investigating The Crime Of A Criminal Trial
In chapter thirteen, Anderson and Gardner discuss the measures in gathering evidence to identify an
offender in a criminal trial. In a criminal trial, the prosecutor must prove the crime alleged of the
suspect did occur (prove of corpus delicti), and/or that the defendant committed or was a party to the
crime committed. Therefore, direct and circumstantial evidence is used to substantiate the defendant
has committed the crime. Identification evidence may account for several factors, in which include:
"identification by the victim of the crime. Identification by the eyewitnesses. Confessions,
admissions, or incriminating statements by the defendant or his associates showing that the
defendant committed the crime or was a party to the crime. ... Show more content on
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319). Mistaken eyewitness identification is usually due to a number of estimator variables: Stress,
Duration of events, Witness character, Memory decay, and several others. These variables initially
can cause the witness to make a misidentification.
In addition to eyewitness identification, line ups and showups are used to identify a witness or a
suspect. Lineups are an identification procedure, in which the witness or the victim of the crime is
able to observe and pick out any possible suspects related to the crime. As for a showup, the witness
of the crime is able to view the suspect alone, without other possible suspects. For example, when a
suspect is apprehended, a police officer could rely on a showup procedure and present the victim of
the crime with a drive by of the detainee in an effort to identify the suspect. These identification
procedures are important for the witness because they provided a comfortable setting in which can
help them be as precise as possible in making a identification.
The use of photographs or sketches are essential in identifying a suspect of a crime. Nonsuggestive
photo arrays include multiple photographs, usually six or eight, showing a person of the same
general description. The
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Finding A Mentor For This Project Essay
Entry 1: Finding a mentor for this project was not too difficult. Despite finding a mentor, scheduling
with my mentor was actually the hardest part. The funny thing about this, is fact that my mentor is
my father. I see him everyday and scheduling is still difficult. I can only imagine how tough it is for
others doing this project. To find, associate and make plans with people they don't even know. Well
anyway I want to be a Police Officer. Many of the stories my father had told me and continues to tell
me is very interesting. His experiences inspired me to become one myself. I was told stories about
many different criminals from someone J–walking to being involved in a homicide. This job seems
like the least boring job( depending where you work) someone can be apart of.
Entry 2: On Saturday Novemeber 4th I had just got home from the gym. I walk in my house grabbed
a towel and headed straight for the shower. It was ride along day with my father. Dressed and ready
to go. We get in the car and headed to my mentor's field. On the way I was so excited to see what it's
like to be a police officer. Soon, arrived at the Los Angeles Police Department.I never wold've thouh
I'd be on a ride along with my father. My ride along experience with my mentor ended up being the
longest and most intense day of my life. I say it was long because I was with him from 9pm to
5;32am. That's 8 hours. Before the trip I was introduced to many of the officers my mentor works
with at the department.
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THE EFFECTIVENESS OF THE REGULATIONS OF ARREST
AND DETENTION
I think that there are not enough reasonable grounds for an arrest without a warrant. I think more
reasonable grounds should be put into place in order to arrest someone without a warrant. This is
because I think that if a victim phones the police with a worry they should arrest a person to stop
them from doing something, however they usually wait until something has actually happened to the
victim or their property.
I also think that citizens should not have the power to arrest a suspected criminal as they could get
injured in the process and it's not their duty to arrest a person.
If the police apply for a warrant it could take days to receive the warrant so I think that this is not
effective as the person they are applying for a ... Show more content on Helpwriting.net ...
There are a number of rights for offenders that are effective such as the right to have someone
informed, legal advice, searches, right to decent conditions and right to consult the Codes of
Practice. However, I think that DNA/Fingerprints, a phone call and the right to silence should not be
allowed. DNA/Fingerprints without consent should not be allowed as the suspect may not even be
guilty. They should be allowed permission to say whether they want the police to have them unless
they have actually committed a crime. A phone call should also not be allowed as they could phone
someone for an alibi or to cover their tracks so they are not a part of a crime. Finally the right to
silence should not bean option as the police are trying to figure out and it could put someone else in
danger, for example, a kidnapping. The police could be trying to find a child with a serious illness
and if the suspect doesn't say nothing and has the right to silence then the child may die or some
serious harm could be done which puts the child in danger etc.
There are some advantages and disadvantages of the interview techniques. I think that recording the
suspect both on video and audio because its good to look back at to see their facial expressions in
response to the questions asked by the police and also the way they say it for example, the suspect
could stutter when answering a question, something the police may
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Investigation Of A Crime Scene
must take the measurements of the area roped off, and if there is evidence on the ground or
anywhere, that specialist must make a two–point measurement, which means, take two unmovable
objects of that area like a door or an outlet and measure how far they are to the evidence. The
sketcher must also draw everything else in the crime scene in order for the computer in the forensics
lab to get the most accurate measurement. If there is a crime in a small town that doesn't have a
crime scene unit then a detective will have to carry out all these tasks while also interviewing
witnesses and tracking down suspects to solve the crime. For detectives to get DNA from a person
the detective must get a warrant unless they perform this technique. When detectives are
interviewing a suspect but know they don't have enough evidence to get a warrant for DNA sample
the detective can gather evidence from objects the suspect may have come into contact with in the
interview room. When the detective interviews a suspect they will give the suspect a glass of water
hoping that the suspect will drink out of it and the detective can then send that glass to the forensics
and get the DNA tested that is on the glass and see if it is a match to the crime. Other methods
detectives will use is asking the suspect to lick an envelope closed or offer the suspect a cigarette
and get the DNA of the cigarette butt. This method of obtaining DNA will stand in court because
they did not obtain the DNA
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Unit 17 Police Powers In The Uniformed Public Services
Learner Assessment Submission and Declaration
When submitting evidence for assessment, each learner must sign a declaration confirming that the
work is their own. You may use this form, or incorporate a learner declaration into an Assignment
Brief front sheet.
Learner name: Jessica Mather
Assessor name: Gill Draper
Issue date: 11/11/2014
Submission date: 21/11/2014
Submitted on:
21/11/2014
Programme: Extended Diploma in Uniformed Public Services
Unit: Unit 17 Police Powers in the Public Services
Assignment reference and title: Unit 17, Task 1.1, 1.2, 1.3, 1.4
Please list the evidence submitted for each task. Indicate the page numbers where the evidence can
be found or describe the nature of the evidence (e.g. video, ... Show more content on
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The warrant can be issued under section 1 of the magistrates courts act (1980) and must contain the
name of the suspect and the offence they are alleged to have committed. The decision to issue a
warrant rests soley with the magistrate.
If the magistrate issues a warrant, the police officer may then make the arrest, even if they have to
use reasonable force to enter premises where they think the suspect might be. The majority of
warrants issued in England and Wales are for matters such as matters such as:
Failure to appear in court
Breach of bail conditions
Failing to pay fines.
In reality, many arrests are carried out without a warrant. This is either because the Police are called
to the scene of a crime and must act rapidly, or because they do not know who is about to be
arrested before they deal with an incident and therefore could not get a warrant.
Section 24 of PACE (1984) sets out the general powers of arrest which may be exercised by the
Police as well as the public. However, S24 of PACE was substantially changed by the Serious
Organised Crime and Police Act (SOCPA, 2005). Section 110 of SOCPA replaced most of the
existing powers of arrest with a new general power of arrest. It also created Code G of PACE which
sets out when an officer might arrest. This power of arrest is only exercisable if the officer has
reasonable grounds for believing that it is necessary.
The following extract is taken directly from
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The Police Powers of Stopping and Searching Essay
The Police Powers of Stopping and Searching
The police can stop and search any person, vehicle, and anything in or on the vehicle for certain
items. However, before they stop and search they must have reasonable grounds for suspecting that
they will find:–
· Stolen goods; or
· An offensive weapon; or
· Any article made or adapted for use in certain offences, for example a burglary or theft; or
· An article with a blade or point; or
· Items which could damage or destroy property, for example spray paint cans.
The police can also search a football coach going to or from a football match if they have reasonable
grounds for suspecting there is alcohol on board or that someone is ... Show more content on
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If the police have reasonable grounds for believing that you are not, in fact, in your own home or
that you are somewhere without the permission of the homeowner, they can search you. There are
separate rules about when the police have powers to enter your own home – see under heading.
The police can use reasonable force when they stop and search, but must make every effort to
persuade you to co–operate. They should only use force as a last resort.
Before searching, the police officer should tell you that you are being detained for the purposes of a
search. The police officer should also give you their name, the name of their police station, the
object of the search and their grounds or authorization for making the search. If the search is
connected to terrorism the officer can give their police number instead of their name. You should
also be told that you have a right to a copy of the record of the search. If it is impractical to make a
record of the search there and then, the police officer will tell you that you have the right to apply
for a copy, as long as you do so within 12 months.
The police should not question you with a view to getting evidence until they have cautioned you. If
you have been arrested, you must not be interviewed before being taken to the police
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Difference Between Reasonable Suspicion And Reasonable Doubt
The issue within this paper focuses on the difference between reasonable suspicion and probable
doubt. The two appear similar in many ways as both require the best judgment of the law
enforcement personnel. But they are in fact different, and all law enforcement must know the
difference in order for the evidence to be admissible in court. Law enforcement is obligated to
follow the protocols and procedures outlined by the U.S. Supreme Court; if law enforcement does
not follow the laws, perpetrators could be released and free to commit more crimes. Proving
probable cause and reasonable suspicion are imperative to avoid violating the rights of citizens.
The police need only reasonable suspicion to stop an individual and question him or her, and they
may search for weapons if they believe that the person is armed or presents an imminent threat of
bodily harm (Taylor, 2012). Reasonable suspicion is when a law enforcement personnel presumes a
crime has been or is about to be committed. For instance, a police officer observes a vehicle driving
unusually faster than the others on the road, therefore performing a speed check using radar. The car
is, in fact, speeding so the officer pursues the vehicle and pulls them over. Upon approaching the
vehicle, the officer notices the suspect scrambling and whispering while leaning around the car. This
causes suspicion, reasonable suspicion, which allows the officer to ask the person out of the vehicle
to detain them. It also gives the
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Rottman v commissioners of police for the Metropolis
Rottman v commissioners of police for the Metropolis
"Extradition search is lawful, lords say common law power is still available"
The name of the parties are (appellant) commissioner of the police of the metropolis,(respondent)
Mr. Michael Rottman . The judgment has been held in the house of lords. The judges on this were–
Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton and Lord
Roger of Earlsferry. The barristers and solicitors in this case were, Mr. Perry, on behalf of the
appellant and Miss Montgomery, for the respondent. The date of the judgment was 16th may 2002.
MATERIAL FACTS– the respondent, Mr. Micheal Rottman , is a German businessman and was
suspected of fraud in Germany. A court in Germany ... Show more content on Helpwriting.net ...
In the Divisional Court Lord Justice Brooke said that in R v Governor of Pentonville Prison, Ex p.
Osman Lord Justice Lloyd had said:
Is there any difference between a warrant of arrest in domestic proceedings and a provisional
warrant under section 6 of the Fugitive Offenders Act 1967? We can see none.
His Lordship found it impossible to interpret Part II of the 1984 Act as providing any saving for the
common–law power identified in Osman Parliament intended s. 18 to provide in codified form for
the full extent of a constable's power to enter and search premises after an arrest, for the purposes
identified in that section, and intended it to be limited to police inquiries into domestic offences. His
Lordship was satisfied that the common–law power of search which was identified in Osman was
extinguished when Part II came into force. The police possessed no statutory power of entry and
search without a warrant outside the four corners of the Act and the Act gave them no such power in
an extradition context.
The House of Lords's ratio
However, in the Lords, Lord Hutton said that the Divisional Court
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The Murder Of The Van
" Stop right there you filthy thief!" yelled the law officers while chasing after the four delinquents.
"Hurry up you idiots! Unless you wanna get caught, I'd say you hurry yo butts up and run!" yelled
Allison.
" Chill Ali, we aren't getting caught," Daniel responded.
" Look at them officers trying to catch up to us, slower that a turtle," added Ryan.
" Oh my lord, can you two just shut up and listen to Allison, and get into the van. By this rate they
will catch up to us if you don't stop lagging behind," Elien yelled.
The four of thieves reached the van while Ryan and Daniel put everything in the back, Allison and
Elien started the engine. The van they had was a really nice van, it was brand new in a nice glossy
white. It 's probably ... Show more content on Helpwriting.net ...
It was dark out now by the time they finish making dinner. Ryan and Daniel helped them bring the
food onto the roof where their dining table is at.
The top of the roof, where they would eat, was decorated beautifully with flowers, candles, and
lights.The dining table ivory draping with flowers and candles. Above it, it has a nice fairy light
hanging from tall white columns. It was a warm spring night in Los Angeles. The sky was full of
blinking stars. If you look down from the roof, it is full of beautiful city lights. When they were
done with their dinner they all went to sleep.
The next day they woke up and got breakfast ready. When they were eating they discussed where
whose house they should break into next. "Let's break into a house in Beverly Hills today,"
suggested Elien.
" That's gonna be hard to break into a place in Beverly Hill, but it 's not impossible. It's also a really
good place to rob. We possibly end up with a lot of valuable items that we can later sell for money,"
responded Ryan.
"So it been decided we're going to Beverly Hills," declared Allison.
They all went to prepare for their next break in, but suddenly there was a really loud thump at their
front door. "BANG!" Their front door gets kicked down and the FBI comes in. "Put your hands
where I can see them!" an officer shouted.
"What is this! This is absurd why are you in our home and do u even have a search warrant?"
Allison was furious and terrified at the same time. "How could they have
... Get more on HelpWriting.net ...
The Police Powers of Search, Arrest, and Interrogation Essay
The Powers of Police
Individuals have civil rights; people are entitled to be allowed to move freely and to have their
person and their property respected. However the police must have sufficient powers to investigate
crimes. Therefore Parliament has given the police special powers that can be used in certain
circumstances. These powers include the rights to stop and search suspects, to arrest and interview
people when necessary and to take fingerprints and samples (blood samples) for scientific analysis.
Without the police having these certain powers then it would be nearly impossible to investigate any
crimes. But it is also important for the police to remember that, at the same time, they ... Show more
content on Helpwriting.net ...
To use this power under PACE the police officer must have reasonable grounds for suspecting that
the person is in possession of or the vehicle contains stolen goods or prohibited articles, such as
items of offensive weapons, and articles for use in connection with burglary or theft.
As these powers are very wide there are safeguards in that the police officer must give his name and
station and the reason for the search. If he or she fails to give reason for the search, then the search
is unlawful. This was shown in the case of Osman v DPP 1999, where the officers did not give their
names and station. The Queens Bench Divisional Court held that this made a search of Mr. Osman
unlawful and so he could not be guilty of assaulting the police in the execution of their duty.
If the search is in public, the police can only request that the suspect removes his or her outer coat,
jacket and gloves.
The code of practice A contains details and guidance on when these powers should be used. In
particular it stresses that police officers must not act just because of a person's characteristics.
Paragraph 1.7 of code A says:
'Reasonable suspicion can never be supported on the basis of personal factors alone. For example, a
person's colour, age, hairstyle or manner
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Incident Between The City Of Auburn, County Of King,...
This incident occurred in the City of Auburn, County of King, Washington;
On 10–21–2016 at about 1000 hrs I was in the south parking lot of Isaac Evans
Park at 30700 Green River RD SE, when I noticed an older silver Honda sedan,
WA/BBJ3053, reversed in to a parking shall. At the time, the vehicle had two people sitting in it, a
female in the passenger seat and a male in the driver seat. The vehicle was not running at the time. I
know from several previous contacts at the park that stolen vehicles are often dropped off in the
parking lot as it is away from any busy roads and out of sight from any buildings. At the time the
vehicle was the only one in the area.
I drove over and parked my fully marked patrol vehicle next to the Honda and walked over to the
driver 's side of the vehicle. As I walked over the male started to exit the vehicle.
I walked over to the male and asked him what he was doing in the area and if he was willing to
provide his name. The male quickly stated that he had a DOC felony warrant for his arrest. I placed
the male in handcuffs, per my training, and advised him of his Miranda Rights. The male stated that
he did not have ID on him, but provided his name as Garrett Brown. I checked Brown, via radio,
through WACIC/NCIC/DOL and dispatch confirmed that he had a DOC Escape Community
Custody warrant for his arrest, #2714104794. Additionally, dispatch advised that he had an DV no
contact order and a female, Devin Bushaw, was the protected person. I
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Article Report On A Police Officer
Orlando W. Wilson and Roy C. McLaren wrote that "Almost everything that a police officer does
must be reduced to writing". As a police officer you're largely evaluated based on your written
report skills. As an officer of the law you must be able to do your job well, and within the extent of
the law (Hess & Orthmann, 2013). Not only that but the officer must be able to correctly record
information and present it to those who were not there. 20 percent of an officer's time is spent
writing reports (Hess & Orthmann, 2013). It's not just skilled investigating tactics that brings a
criminal to justice, it is also the ability of the investigator to written a report that will withstand the
scrutiny of judges, prosecutors, defense counsels, and jurors. An officers report has the ability to
determine whether or not the guilty goes free. It's the job of the supervisor to decide if the
investigating officer followed the correct protocols and policies of the department. However,
whether your report is being read by your supervisor; lawyers, social workers, judges, citizens, or
the media, it should be easily comprehendible across the board. Most of the time, those reading your
report will not have been present at the scene. It is the job of the officer to write a report that
effectively communicate the who, what, where, when, and how to a general audience. You should
never speak down on your audience, or try to make our report seem "more professional" by using
difficult language.
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How Did Jack And Mary Do That Justifies A Finding That...
Chapter 8 Q&A
3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt
act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their
bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and
Mary do that justifies a finding that they committed the crime? Explain.
As a general rule, crime involves combination of act and criminal intent. A crime is committed when
it is acted upon with a criminal intent. An act of crime without a criminal intent is not a crime. Once
an idea of a crime has been communicated and planned out it is considered a conspiracy. A
conspiracy is a crime. The crime is justified due to ... Show more content on Helpwriting.net ...
If there were no probable cause and there was not a warrant granted by a judge then Suzy would be
protected under the fourth amendment. The exclusionary rule under the fourth amendment will also
protect any evidence obtained since the "uppers" were illegally obtained by the police officer.
6. Devin was arrested and tried for embezzlement. After deliberating for three days, the jury
informed the judge that it was hopelessly deadlocked and could not reach a verdict. The judge
declared a mistrial and scheduled a new trial. Devin objected, contending that a second trial
constituted double jeopardy. Is he correct? Explain.
In this case, the second trial would not be considered double jeopardy. Double jeopardy means that a
person cannot be tried twice for the same crime. He was never acquitted of the crime. Since the jury
could not reach a verdict, it was a mistrial case. Once a verdict was reached and carried out, Devine
could not be trailed again for same crime. In the case that the defendant appeals and obtains reversal
of a conviction, they may be tried again. The reversal means that the defendant was not in jeopardy.
The reversal is basically a willingness of the defendant to be tried for crime. In another case, If the
crime is committed against two or more people or in multiple states or if the crime is in violation of
both state and federal laws the defendants protection against double jeopardy does not prevent
multiple trials.
8. A
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Adult Female And The Block Of Auburn Way North For Dui
T. MINKLER, 1809, Wed Feb 10 01:03:45 PST 2016, 22, Yes Video
An adult female was arrested the 4200 block of Auburn Way North for DUI.%
The following occurred in the City of Auburn, King County, WA:
On February 9, 2016, at approximately 2220 hours I was travelling north in the
2100 block of Auburn Way North, when I noticed a vehicle, turn northbound onto
Auburn Way North from 22ND ST NE. As the vehicle turned northbound (left) it took a wide slow
turn. The vehicle speed up quickly as I was attempting to close the distance on the vehicle I noticed
the vehicle drifting from the yellow line to the white dash line. The vehicle continually drove with
the driver 's side tires touching the yellow line. I paced the vehicle in the 3000 block. ... Show more
content on Helpwriting.net ...
McGuire had one passenger in the front seat. I noticed McGuire 's red were red, bloodshot and
glassy. I asked McGuire for her registration, license, and insurance. When McGuire was retrieving
her license used the pads of her fingers to get the license out. As McGuire spoke I noticed her
speech was slow and slurred. McGuire provided the requested documentation. McGuire repeatedly
told me she had been crying.
I returned to McGuire 's vehicle and asked her to step from the vehicle, she complied. Once outside
the vehicle I noticed an odor of intoxicants coming from
McGuire 's person. I asked McGuire how much she had to drink tonight, and she said, "a couple." I
asked McGuire how much was "a couple" and she said earlier they were at the Casino. McGuire
said she was coming from the Casino.
I asked McGuire if she was willing to do some voluntary field sobriety tests to make sure she was
okay to drive, she said she would. McGuire said she had no physical impairments. I demonstrated
and conducted the field sobriety tests in accordance with my training.
The first test was the Horizontal Gaze Nystagmus. During this test I had to tell McGuire multiple
times to keep her head still. Additionally, during the entire test McGuire swayed in a circular
manner. I observed lack of smooth pursuit, distinct and sustained Nystagmus at max deviation and
angle of onset prior to 45 degrees in both
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Search And Seizure: A Case Study
Title
21397073, Mustafa Alsoufi
By the end of April 2016, The Supreme Court of United States of America accepted to make some
changes to rule 41, Search and Seizure. It is a rule that gives authorization to magistrate judges in
any region or district, where a crime activity may have occurred, to release a warrant to search and
seize [1]. A change in this rule will allow the FBI to need a single warrant from the magistrate judge
to hack and install malware in suspects' computers accused of undergoing some digital criminal
activities. Utilizing that warrant, the investigation department can remotely search computers even if
the warrant they possess is outside the magistrate judge district. The peoples' opinion is split into
two sides; one agrees ... Show more content on Helpwriting.net ...
The change to rule 41 is a clear violation to the fourth amendment. Mr. Kevin Bankston, the
principal of New America's Open Technology Institute mentioned in one of his own statements that
this kind of laws goes further than wiretapping. In comparison with ordinary searches and
wiretapping, hacking is clearly more invasive and violates the fourth amendment, which protects
people from being searched unreasonably. Moreover, it raises more concerns and risks to the
security and privacy than wiretapping [13]. Many Americans want liberty and privacy, but these
changes don't give them much of either. American people desire liberty and security, but the
proposed modifications do not give them much of either. this kind of adjustment can grant the
government more power to hack smart devices by allowing the FBI to use unproved malware
systems; therefore, the safety and privacy is diminished and the risk of losing data and damaging
hospital systems will not be the result of the US congress' wrong decision for allowing such a
change, but because something had been done automatically [11]. The FBI claims that they will
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Search Warrant Research Paper
Introduction:
Nowadays, Digital devices are everywhere in people's daily lives, from computers, smart phones,
gaming consoles to monitors, GPS, printers and so on. Any device that can store data might be a
very important piece of evidence. This requires us, people who carry digital devices, to understand
rules of digital devices.
For example, can policer officer search your digital devices without your permission? What if you
found a suspicious folder when you am using your roommate's computer, should you open it and
inspect through? Or a police officer show up in front of your house, and ask you to sign a consent
form so they can search your computers, what is this? Do you think you can refuse? What are the
consequences of signing it?
The Canadian Charter of Rights and ... Show more content on Helpwriting.net ...
This is defined by Nova Scotia v. MacIntyre (1982). R. v. Pugliese (1992) clarifies that the warrant
is a substitute for consent to enter a private premises or any other places with reasonable expectation
of privacy.
R.v. Colarusso (1994) states that "the citizen's right to have a reasonable expectation of privacy." In
digital evidence, our cellphone and personal computer are considered as having a very high
expectation of privacy, so search warrant or consent to search are usually required when search such
devices. However, it is suggested that the degree of privacy is lessened where a personal computer
has been brought to a repair shop by R. v. Graham (2010). So a computer technician can make a
copy of clients' data and give it to police officer to inspect without warrant or consent. In some other
situation, like devices searched by incident to arrest or under plain view, search warrant is still
required for inspection, even if devices are already in police officer's
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Reon Jordan's Case Summary
In the case that I found, in March 2014 a 34–year–old Los Angeles women, was arrested on
suspicion of burglary, grand theft, and unauthorized use of PHI. The woman, Reon Jordan, who
worked at ABEO, a Pasadena national medical billing company, will be facing these charges due to
allegedly stealing hundreds of patients personal PHI. Ms. Jordan's was going to a West LA College,
where she was going to school to become a licensed medical biller. Suspicion activity of payments
to her schooling raised a red flag to one of the college employees, and an investigation was started,
which ended up eventually involving the local authorities. When Ms. Jordan was found to be
employed at a medical billing company since 2008, the investigation was extended ... Show more
content on Helpwriting.net ...
Jordan was arrested, she had the credit card information of over 200 patients and the identify profile
of over 400 patients. She was charged with 21 counts of Identity theft and 3 counts of multiple
identifying information theft, and could face up to 19 years in county jail if convicted. She is
accused of misusing the credit cards to purchase products for personal use. During the investigation,
they were able to identify 23 victims in the communities of LA, Santa Monica, Malibu, Mammoth
Lake, and as far away as Tennessee and Mississippi. Detectives believe that numerous other victims
are still yet to be discovered (at the time of the news story). Presented solid prevention strategies: I
think as a patient, or consumer in general, it is extremely important to monitor your credit history.
There are ways to do a report, for no charge, to check your credit history on the 3 different credit
reporting agencies. You also need to review your monthly credit card statements to make sure that
what you purchase, is what you pay for. Most business, have safeguards in place, to avoid most of
the type of frauds that Ms. Jordan committed. The companies I have worked at have done the
following things to safeguard customers/patients' privacy information: Special educational training
on customer privacy Security
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Examples Of An Arrest Warrant
SCAM 1:Fake Warranty Scam: You've received a warrant by email saying a federal law
enforcement officer or attorney for the government wants to arrest you. Charges may be for money
laundering or missed jury duty. To avoid arrest, the warrant says, send money. It's a scam.
'Scamwatch' is warning customers to be aware from scammers false claiming to be from the
Commonwealth Director of Public Prosecutions (CDPP) or Australian Taxation Office (ATO).
These scammers spin a range of stories about why an arrest warrant was issued. The scam occurs as
follows: You'll receive an unforeseen call from someone claiming to be from a Government
Organisation (CDPP) (ATO). They'll explain you have an arrest warrant for some reason. They'll
clarify the only way to avoid ... Show more content on Helpwriting.net ...
"Never send money or give credit card details, online account details, or copies of important
personal documents to anyone you don't know or trust." https://www.scamwatch.gov.au/types–of–
scams/dating–romance Don't agree to transfer money for someone: money laundering's a criminal
offence. Avoid arrangements asking for up–front payment via wire transfer, "international funds
transfer, pre–loaded card or electronic currency." https://www.scamwatch.gov.au/types–of–
scams/dating–romance It's rare to recover money sent this way. Be cautious with personal
information shared on the internet, it may be misused to create fake identities or target you with a
scam. If you believe you've been scammed, report it to the website/app where the scammer first
approached you. Give a profile name and details which may assist to stop others from being
scammed. If it's believed you've provided account details to a scammer, contact your bank/financial
institution immediately. You're encouraged to report scams to the ACCC via the 'report a scam page'.
This action warns people about current scams, monitor trends and disrupt scams where possible.
Include an email or screenshot of the scam you received. Part
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My Final Project
For my final project, I decided to create an artistic representation of Ricky Smith's character. created
a wanted poster, a police report, and lastly an arrest warrant. I originally started out with only
wanting to create a wanted poster for Ricky but after doing research I quickly learned that there is
much more that must happen before a wanted poster can be created. In this essay, I will describe
what my research has taught me about the criminal science is not only the United States but the
United Kingdom as well. I will explain how the information I learned influenced the decisions I
made throughout the process of creating my project. Before even beginning to make any of the
artistic components of this project I did some basic ... Show more content on Helpwriting.net ...
I did an additional google search to see if I could find a more specific source to help me and I was
pleasantly surprised with what I found. This search lead me to another source titled Police Reform
and Social Responsibility Bill. This source was only about arrest warrants and went in–depth on
what they exactly are. This article was particularly helpful because it focused on the United
Kingdom so I was then better able to create this arrest warrant to the degree that it would have been
created for Ricky's case. This article goes into detail on when the warrant should be issued and what
the prosecutor must do to get the warrant. This journal helps the reader better understand what the
Police Reform and Social Responsibility bill means. It says, "The effect of the clause is to require
the consent of the Director of Public Prosecutions before an arrest warrant can be issued in private
prosecutions for offenses where universal jurisdiction applies."
I now understood what must happen before an arrest warrant could be created I now had to figure
out what an arrest warrant really looked like. To do this I figured a visual representation would give
me a good start. I looked up United Kingdom arrest warrant examples and used that as a loose
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Serving High Risk Warrant Essay
Topic: Serving high risk warrants
Research Question: What are the various ways to serve high risk warrants?
Hypothesis: There is a systematic way of serving high risk warrants based on the priorities of life
that will reduce injury or death of Special Weapons and Tactics (SWAT) operators. Null Hypothesis:
There is no statistically significant difference between the various ways of serving high risk
warrants and the reduction of injuries or death of SWAT operators.
Research Design: The method of gathering data will be through a survey from participating agencies
that have ... Show more content on Helpwriting.net ...
The rationale behind my hypothesis is that there are several ways to serve an arrest or search
warrant while keeping the priorities of life in mind and ultimately minimizing the risk of injury or
death to all that are involved. The best ways that have been developed while serving high risk
warrants are take down and away, surround and call out, breach and hold, limited penetration, and
controlled entry. These ways of serving a warrant are a systematic way based on the intelligence of
the structure, suspects, and the priorities of life that are outlined in the NTOA SWAT standards
(NTOA, 2008). The priorities of life are hostages or victims, innocent by–standers, police or first
responders, and suspects. The rationale behind my null hypothesis is that to date, there is no
statistically significant difference between the various ways of serving high risk warrants and the
reduction of injury or death of SWAT operators. Choosing different ways to serve a high risk
warrant does not fully prevent injury or death of SWAT operators, but it has been proven to
drastically reduce the probability of injury or death. The reason why I feel that there is no
statistically significant difference between the various ways of serving high risk warrants and the
reduction of injury or death of SWAT operators is because there are no two warrants that are exactly
alike. Every warrant is different from the
... Get more on HelpWriting.net ...
Reasons To Declare In Alhambra
A warrant is a document that is issued by a governing or legal authority. The policy have the
authority to search a person's property or make an arrest if there is a warrant. If you are wondering
whether there has been an arrest warrant issued for you or someone you know, then we can help
you. Our company can help you perform an Alhambra warrant check. One of the many great things
about is us is that you can get a no cost warrant search in Alhambra. Many people do not know that
they have an outstanding warrant in Alhambra. One of the reasons that people do not check to see if
there has been a warrant issued is because they think that they will have to pay for the service. That
is why we do not charge for a Alhambra bench warrant check. We
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A Warrant for Rottman's Arrest by Germany Essays
Material Facts
In 1996 a warrant was issued in Germany for the arrest of Rottman in connection with alleged fraud
offences. Metropolitan Police received a request from the German authorities for Rottman's
extradition. His precise whereabouts within England at the time were unknown. A provisional
warrant for his arrest was issued by Bow Street magistrates' court under s 8 (1) Extradition Act 1989
( no search warrant issued). The officers then followed him into the driveway of the house where he
had been living after spotting him as a result of a surveillance operation and he was arrested outside
the door. Soon after, German police officers asked the senior officer present to search the house.
Thereafter the officers entered and searched ... Show more content on Helpwriting.net ...
The Counsel for the Police Commissioner appealed the decision on the grounds that search and
seizure powers applied to both domestic and extraditable offences. Also that common law powers
were merely supplanted and not replaced. He contended that the search was legal under Section 18
and 19 of PACE, and that there was no violation of Article 8 of the ECHR as search and seizure
powers were lawful and proportionate to the legitimate aim in a democratic society of crime
prevention.
Ratio Decindi
Lord Hutton had affirmed the existence of common law powers to search the respondent's premises
after arresting him for extraditable offences by upholding the principles in Ghani v Jones and
Osman particularly the lack of difference between warrants of arrest in domestic and extradition
proceedings.
He also held that it is a well established principle that a rule of the common law is not extinguished
by a statute unless the statute makes this clear by express provision or by clear implication. The
powers for search and seizure in s18 and s19 of PACE only applied to domestic offences leaving
common law powers unmolested for extraditable offences.
It was held that there was no violation of Article 8 of the ECHR. Lord Hutton states that the arrest
and the entry to perform the
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The Use Of Force For Purposes Of State Law Battery Claim
The shooting was excessive use of force for purposes of state law battery claim.
Under the California Penal Code, a peace officer who makes, or attempts to make, an arrest need not
retreat or desist from his efforts because of resistance of the person being arrested. That officer will
not be deemed an aggressor or lose his right to self–defense by use of reasonable force to prevent
escape or overcome resistance. Cal. Penal Code § 835a (West 2015). Here, the court will probably
find that Mr. Templeton used excessive, unreasonable force because decedent was not under arrest
and possessed no weapons that threatened great bodily injury or death.
A. The Plaintiff must prove unreasonable force was used to make a prima facie showing of battery.
The Plaintiff must prove unreasonable force was used. Edson v. City of Anaheim, 63 Cal. App. 4th
1269, 1272 (1998). The Plaintiff must show that the Defendant acted unreasonably in using deadly
force. Id. A police officer may use reasonable force to make an arrest, prevent escape or overcome
resistance. Id. The officer's use of deadly force is reasonable if the officer has probable cause to
believe the suspect poses a significant threat of death or serious injury to him or others. Brown v.
Ransweiler, 171 Cal. App. 4th 516, 525 (2009). The standard jury instruction for a police battery
recognizes that a peace officer who uses unreasonable or excessive force in making a detention
commits a battery upon the person being detained. Id. at
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Search Incident Of Arrest And Arrest
Perhaps one of the most controversial and one of the hardest for officers to adhere and adapt to is,
Search incident to arrest. Search incident to arrest is an ever changing exception to the warrant
requirement. Over the years this rule has been tweaked many times by the supreme and applet
courts. Because of this there are many rules to how search incident to arrest can be applied and used.
Because of this it has become one of the more controversial topics in law enforcement and one of
the hardest to learn. However, search incident to arrest is actually much easier for new rookie
officers to learn. Many older officers have done it one way their entire careers, but new case law
comes out all the time changing the way the officers do it, whereas a rookie officer has the
advantage because they only know of the law the way it is now.
One might ask, what is a Search incident to arrest? According to Norman Garland in our book
Criminal Evidence, it is an exception to the warrant requirement that permits an officer without a
warrant and further probable cause to search the person and certain areas around an arrestee incident
to a lawful arrest. So essentially an officer has a right to search the person they have detained in the
immediate area around them, immediate control or as it has been referred to the lunge and grab area
of the person for weapons. This rule was instituted so that a person who is being detained cannot
pull a weapon on officers and the officers can keep
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Indian Tribe And Indian Tribes
Tribal sovereignty which states in Maynard v Narrangansett Indian Tribe, 798 F Supp 94 (DRI,
1992) that Indian Tribes are distinct and independent communities that retain their natural rights of
the Indian Tribe. Indian Tribes and their members are immune from common–law suits. Indian
Tribes members are exempt from suits unless congress has authorized the suit.
ISSUE
1. Can a member of the Chippewa Indian Tribe have their property, on public school grounds,
searched?
2. Can the county search warrant be valid to search a Reservation and can the sheriffs legally search
such property?
3. Can police search beyond the property issued in the warrant?
4. Did the county sheriffs have any valid evidence to charge the Weathers?
5. Can Isabella County be held liable for wrongful arrest?
6. Can the police be held accountable for destroying artifacts?
BRIEF ANSWER
Songaa of the Chippewa Indian Tribe is allowed to be searched in public schools because she is off
the reservation, and the school has a legal right to search her. The county search warrant is not valid
with the tribal police because county search warrants do not comply with the tribal court. Another
issue with the current warrant is that the police did not have any invitation to come onto the
property. Therefore, the Isabella county warrant is not valid and the police officers cannot legally
search the Weathers' home. If the warrant was valid, the police could not search beyond Songaa's
bedroom unless the police had probable
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Jill 's Warrant For Arrest
Today is November seventeenth, this will be the first meeting with my new client Jill. She has an
extensive criminal background due to the fact that she was caught shoplifting and under the
influence on several occasions. At a later date, Jill was given a court date and failed to make an
appearance. As a result of her failing to attend her court case, a warrant for her arrest was
dispatched. Shortly after Jill's warrant for her arrest was sent out she was caught speeding on Route
eighty by a state trooper who then pulled Jill over. When, the officer scanned her license he
discovered Jill 's warrant for arrest. On further inspection of Jill's vehicle, the officer detected that
she was in possession of various illegal substances and was then suspected of her herself being
overwhelmingly intoxicated by such substances. Consequently, Jill was apprehended due to there
being a warrant for her arrest in addition to her possession of drugs. As a result, of Jill being caught
by the officer she has been forcefully stationed into the PHP program (Partial Hospitalization
program). Which she will be spending half of her day counseling with various social workers such
as myself. Meanwhile, the remainder of her day will be spent attending school under close
supervision. If Jill refuses to make an appearance to these mandatory meetings there will be severe
repercussions. Failure to attend will have her imprisoned in a juvenile detention center until she is of
legal age to be relocated to a
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Black Acura Incident
On 3–26–2017 at about 0805 hrs I was west bound on E Main St at about Auburn Way when I
noticed a black Acura pass me east bound on E Main St. At the time, the vehicle had no front plate
and it appeared that it was occupied by several males. I remembered from the previous day (3–25–
2017) that Officer Feero had sent a "BOLO" out about a black 2003 Acura that was reported stolen
from 402 16th ST NE. Additionally, in the BOLO, Officer Feero noted that the Acura
(WA/BAJ1409) had a "KCCO" sticker on the back bumper. Furthermore, Officer Feero sent a
department email with surveillance footage of the vehicle being stolen. As the vehicle passed me, I
looked at the bumper and noticed that the vehicle had a white "KCCO" sticker on the rear bumper
and ... Show more content on Helpwriting.net ...
After a checked of the stolen vehicle, Officer Vojir located a hand gun on the passenger side front
seat. The firearm had no associated record.
All three suspects were advised of their Miranda Rights. Carlo declined to speak with police.
However, post Miranda Eydoel stated that he was the back seat passenger and that Carlo was the
driver of the vehicle. Additionally, Eydoel stated that he knew the vehicle was stolen.
Also Post Miranda, Sam stated that he knew the vehicle was stolen and that Carlo was the driver of
the vehicle. Furthermore, when questioned about the pistol that was found in the seat Sam was
sitting in. Sam stated that when the police got behind the vehicle Carlo handed him the pistol and
then stop the vehicle and told everyone to run. A criminal history check of both Carlo and Sam
indicated that they were convicted felons.
Based on the fact that Carlo was the driver of a stolen vehicle, attempted to elude police and was in
possession of a firearm as a convicted felon, there was probable cause for his arrest for RCW
9a.56.068 – Possession of a Stolen Vehicle, RCW 9.41.040 – Unlawful Possession of a Firearm and
RCW 46.61.024 – Attempt to Elude. Carlo was booked at SCORE Jail under the listed
... Get more on HelpWriting.net ...
Essay Legal Police Searches
The laws of the United States can be hard to understand sometimes. The Fourth Amendment states
that people have a right not to be searched without a reasonable warrant and that people have a right
to feel secure in their homes. There are acts giving police permission to do what ever they need to to
keep drunks off the streets. There are also rules and regulations, kind of like a sports game, and, just
like games, there are always ways to get around these rules. Like finding it legal to randomly stop
cars to give people breathalyzer tests, or entering people's homes and searching for things without a
warrant. Unlike a game however, the results of going around these rules can sometimes be
devastating. Police may ruin a home trying to find ... Show more content on Helpwriting.net ...
For that reason, I believe police should have the right to stop cars for the testing. I don't think that
people should get mad at the government if they pass the law because it is there to help them. If the
people getting stopped aren't drunk, well, what's the problem? Why do they need to get mad? They
aren't the ones getting arrested. Police are here to see that common people follow the laws. One day,
not too long ago, police came into Dollree Map's house without a search warrant and trashed it,
looking for a bomb suspect. Finding nothing to that affect, the police realized they had the wrong
house, but during their search for the suspect, they found some "obscene material."
They arrested Map because of that. Map went to court and appealed. In the end, justice had been
served because the "material" the police obtained was illegally obtained, making the
case end. The rule that saved Map was the Exclusionary Rule stating that anything police find that
does not have anything to do with what the search warrant says has to be excluded from the case.
The question here is should people allow police to go into their homes and search for whatever they
want without a warrant? The answer is no. First of all, when the police do come to a house, they
don't just politely knock and wait for somebody to answer. They break down the door and make a
mess of the house. If people are innocent, why should they have to get their door knocked down
... Get more on HelpWriting.net ...

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King Case Study Individual Paper

  • 1. King Case Study Individual Paper U.S. v. King Case Study Elise Flanagan BCC 402 Bobby Kemp 14 March 2016 Introduction The purpose of this work is to discuss the relevancy of the court case the United States of America v. Richard D. King, Jr. and the influence it had on future cybercrime cases. A description will be given as to how the Fourth and Fifth Amendments are applied to cybercrimes, as well as an explanation how the Fourth and Fifth Amendments were addressed in this case. Further explanation on how the King ruling may apply to other cases involving computers or other devices that contain electronic evidence is provided. The 4th and 5th Amendments Applied To Cybercrimes The 4th Amendment can be applied to cybercrimes, but not the 5th Amendment. However, the 4th ... Show more content on Helpwriting.net ... A brief summary of the events leading up to the case provided through the University of Phoenix materials includes King's involvement in email communications with Larkin, the mother of a 2 year old girl who would later be abused by King sexually. Because Larkin and the child, known as "Peanut", were residing in King's residence, law enforcement would serve an arrest warrant there against Larkin and to rescue Peanut from abuse by her caretakers. King walked the officers to Larkin, who willingly gave up her computer to investigators. King objected that his hard drive was in her computer and did not give permission for officers to take it, but they did so regardless of his objections. King would later be connected to further criminal activity and willingly went to speak with law enforcement, where he made admissions to his involvement. King would later try to have his admission and other evidence obtained through investigating Larkin as well hidden when he was charged and faced trial for his crimes (University, 2016). In regard to the 4th Amendment, King asserted that "the police violated the Fourth Amendment when they entered his house on February 19, 2004 and seized his hard drive without a warrant or his consent" (FindLaw, 2016). Because the owner of the computer hardware was disputing the legality of its removal from someone else's property without his permission, King ... Get more on HelpWriting.net ...
  • 2. Midtown Research Paper The Midtown Lofts apartment complex pool was closed for the season. The groundskeeper who was making his final round for the week when he noticed something rather someone floating near the shallow end. Horrified he tore across the pool deck and through the courtyard to find help. He found the apartment manager who then proceeded to call 911. When the cops arrived at the Midtown Lofts apartments at 5:42 p.m. on Friday, they determined that the fellow floating face down in the shallow end of the community pool was a Mr. James Joseph Esters. He was a younger fellow, 26 years old to be exact, and he lived there at Midtown. According to his rental agreement, he worked and studied nearby at Thomason University. He was a smart kid. He was working as a teaching assistant while working on his Ph.D. in physics. There were three stab wounds found on Mr. ... Show more content on Helpwriting.net ... "James sent his obnoxious friend over with a peace offering gift a few days ago. It was a silver bracelet... if he knew me at all, he would have brought me gold," stated Viola. That was right... Viola only wore gold. Tons of it. He made that mistake many years ago, when she threw the silver necklace he gave her back in his face. Mr. Doyle decided that he would do anything to prove that Ms. Viola Prescott was innocent. All he had to do was find the real murderer. To start with, he needed to find the real murder weapon. It was as clear as day that the police hadn't found the real weapon. Doyle put in a request for a search warrant of the three suspect's living spaces. Within hours, he received the authority to proceed with the search. After searching Mr. Michael Blume's house, he found absolutely no evidence of criminal activity. He talked to Michael while he was searching his house. The only sin committed was a little competitive jealousy. Determining this made Mr. Doyle become extremely nervous. There were only two suspects left and one was his former ... Get more on HelpWriting.net ...
  • 3. The Importance Of A Warrant Arrest Due to the laws in the Bill of Rights, no officer has the right to arrest any individual unless they have probable cause. Two ways an officer can make an arrest include, arrests with a warrant and arrests without a warrant (Peak, 2015). A warrant arrest occurs when an officer can justify that he or she has enough probable cause to a neutral magistrate, who will then decide if enough evidence is present to warrant an arrest. (Peak, 2015). Once a warrant is obtained, an officer has the right to take the suspect into custody to answer the charges. While a warrant arrest is preferred, street cops often do not have time to get a warrant. If time does not permit a warrant, an officer has the right to conduct a warrantless arrest (Peak, 2015). ... Get more on HelpWriting.net ...
  • 4. Eduardo Quintana Case Abstract This research paper is going to focus mainly in the process followed by Officer Bird during a traffic violation that led to the arrest of the suspect named Alejandro Quintana. The analysis of the two sides of the coin, the officer and the suspect taken into custody is of main interest in this case. There are a variety of steps to be followed prior to an arrest. The officer/investigator should be responsible for any action taken towards an individual who is about to or being processed. In the particular case of Alejandro Quintana, officer Bird executed the arrest of a suspect that clearly was suspicious utilizing probable cause and plain view search in order to arrest him and seize the evidence. Mr. Quintana's Fourth Amendment right ... Show more content on Helpwriting.net ... Bird could have not searched the trunk of Mr. Quintana's car even if she thought he was hiding something from the law. According to Swanson et, al. (2014), "the Supreme Court ruled I the 1981 case New York v. Belton that when a police officer makes a lawful custodial arrest of the occupant of an automobile, the officer may search the vehicle's passenger compartment as a contemporaneous incident of arrest...The right to search includes any open or closed containers found in the passenger compartment...It does not include the trunk" (Swanson et, al. 2014), p.30). The arrest of Mr. Quintana gives the officer the right to search the passenger's side but not the car's trunk. Officer Bird couldn't be able to legally search Mr. Quintana's car trunk without and issued search warrant on the motor vehicle's trunk. According to (Decker, 1999),"The purpose of a warrant is to allow a neutral judicial officer to assess whether the police have probable cause to make an arrest or conduct a search" (Decker, 1999, para.2). This one reason provides an even field for the suspect and the police officer, giving the judge issuing the warrant the decision making process of whether or not permitting the prosecution of the individual who can be innocent by an officer unlawfully ... Get more on HelpWriting.net ...
  • 5. Detective Dulllay Case Study "Precinct to Detective DullRay we currently have officers responding to 135 Union Ave, apartment 12B. We received reports of a murder crime from that location." This is all I heard from the city dispatch center, and I began to make my way over to the crime scene. It took about twenty minutes because of traffic and when I got there the scene was already secured. The crime was mainly contained in one room, the study which is a very cliche place for a crime but a crime scene is still a crime scene. It seemed nice and cozy if there wasn't a dead body in the middle of the room and a mess all over the floor. The air was filled with a lavender scent mixed with blood. I've seen worse cases but this one was definitely one of the weirdest. The body formally ... Show more content on Helpwriting.net ... "Interesting, so we may be dealing with department corruption" I said. So at the current moment there were three suspects in this case, George Valdres, the email sender and Jane Diangelo. I decided it would be best to bring George in for questioning later today. Before that however I wanted to look into the Chief's emails and need to appeal to the department to receive a search warrant for the Chef's computer. I put in the appropriate paperwork when I got back to my office. Several hours have passed and I received word that George Valdres was in the interrogation room. I made my way over there to ask several questions, and the first being why his fingerprints were on the pill bottle. He said that he was a pharmacist, so his fingerprints were on many medicine bottles. I asked him next if he knew our victim Robert Diangelo, and he said he didn't. Then I asked if Chief Jones ever stopped in for medication, like painkillers. To this question George said he has seen the police chief in the pharmacy several time over the past couple of months. I concluded my questioning and the officer who was listening in was able to confirm George's employment and sales records from the ... Get more on HelpWriting.net ...
  • 6. Utah V. Illinois Detective Fackrell UTAH v. STRIEFF Reading over UTAH v. STRIEFF I will expound on some facts of the case that impacted some of the decision making in police administration. Narcotics detective Douglas Fackrell was surveilling a South Salt Lake City residence due to the anonymous tip on suspicious drug activity. Based on his surveillance he determined that the resident was drug dealing. Detective Fackrell saw Strieff leaving the residence. He identified and detained Strieff to answer questions about what was going on inside the house. He ran a check and discovered he had an outstanding arrest warrant for a traffic violation. Detective Fackrell searched him and found little baggies of methamphetamine and drug paraphernalia only minutes after the illegal ... Show more content on Helpwriting.net ... Assuming but not determining Detective Fackrell did not have enough grounds to stop Strieff at first, but when he was made known of the arrest warrant; it attenuated the connection with the unlawful stop and the evidence detained from Strieff incident to his arrest. He discovered the drugs only in the minutes after his illegal stop. Although he had a valid warrant, it had nothing to do with the discovery of evidence. The warrant only allowed Detective Fackrell to arrest Strieff, but his search of Strieff's incident to that arrest was considered lawful. The detective was careless in nature and called his judgment to be questioned. Did he violate Strieff's Fourth Amendment rights? Although his conducted an unlawful stop, his conduct was lawful, and there are no signs that the stop was part of any systemic or police misconduct. At this point, Detective Fackrell's judgment should not constitute a warrant suppression. He was not there just to poke at Shierff. He was there to gather information about his investigation. Strieff says otherwise due to the absence of probable cause. The court determined a baseline or how they were going to exclude evidence based on the Fourth Amendment violation. Dismissal is only necessary when the benefits outweigh its costs. The exclusionary rule is very vital in determining if the police officer's conduct was unlawful. By excluding the illegally obtained evidence, courts minimized the temptation of the ... Get more on HelpWriting.net ...
  • 7. Arrest Warrant Vs Search Warrant Analysis Lissette Laureano AC1403293 Assignment #3 The difference between an arrest warrant and a search warrant is that arrest warrants are issued to allow the police to identify and locate persons who need to be arrested. These are usually persons who have previously been arrested, released on bail, but then failed to make a subsequent court appearance after their release. These are specific warrants that apply only to one person. Another type of arrest warrant obtained most often for felony cases. Once law enforcement officials have gathered enough evidence against a person they are investigating, to show probable cause that a particular person has committed a crime(s) listed, and then a judge will sign the warrant for an arrest to ... Get more on HelpWriting.net ...
  • 8. Explain Four Exceptions To The Warrant Requirement 1. Discuss and explain four exceptions to the warrant requirement. What are the prerequisites for each exception? Be sure to provide examples. There are a couple of exceptions to the warrant requirement. Here there will be four that we are going to focus on. (In Gardner & In Anderson, 2016, p. 363). Search incident to Lawful Arrest– if an individual happens to be arrested lawfully they are no longer a free citizen therefore a police officer may search their persons and any areas that are within their reach. An example can be Mary is arrested for driving under the influence of alcohol. She was stopped after swerving through the road and going at a very slow speed. A search of her vehicle found narcotics in the passenger side of the vehicle. She was herself and that was within her wingspan. Consent– this is where individual volunteers to give consent to the police officers to enter the premises. An example of this type of exception can Officer Roberto knocks on the door for an aggravated battery assault charge. This suspects girlfriend opens the door the officer asks if he may come in to see if the suspect is around she agrees to let him in. Stop & Frisk– if the police officer has reasonable suspicion that a criminal act took place or is about take place he can search the suspect. If the police officer believes they are arm and dangerous. It is a bit less serious than probable cause. An example can be Johnny is walking down the street with a set of pliers in his ... Get more on HelpWriting.net ...
  • 9. The Pros And Cons Of Probable Cause For A Search Hey, Professor Farris, according to the Shelby County Sheriff's Department any search or seizure without a warrant must be justified and supported by clear, convincing and articulable facts. Officers must be prepared to justify any and all warrantless searches. A search without a warrant has consistently been found by the courts to be preemptively unreasonable, and therefore invalid, absent specific and articulable facts. If an experienced officer has the reasonable suspicions can articulate to a set of facts and circumstances that criminal activity may be afoot and make rational inferences. (Booker, 2015) The officer must have probable cause under any circumstances that would lead a reasonable man to believe that it is more likely than not a certain individual has committed or is committing an absolute crime. Officers may search vehicles when there is probable cause to believe that contraband or evidence of a crime is present in the vehicle. The vehicles need only to show inherent mobility rather than actual mobility. The search can be made immediately or delayed as long as probable cause existed even if the vehicle has been impounded and immobilized. An officer may search in any place that the object of the search may reasonably be found. This includes locked containers. Probable cause must be item specific. Probable cause for arrest is not probable cause for a search. Probable cause for a warrantless vehicle search has to be just as sufficient as probable cause to support ... Get more on HelpWriting.net ...
  • 10. Uncle Bob Essays Technology seems to develop at the speed of time. There is always something new and exciting on the horizon that someone is talking about. The last place that you would think you would have a negative experience with technology is on vacation; trying to enjoy the sun atmosphere of a place other than home. This is exactly what happened to my Uncle Bob; he was stopped for speeding in Florida. He answered the Law Enforcement Officers' questions calmly and was then placed into the back of his cruiser. The process by which the Officer obtained the information is very routine; personal, one–on–one conversation. Many people do not realize it but when they are talking to an officer of the law, that person is constantly being evaluated; verbal ... Show more content on Helpwriting.net ... For example, a law enforcement officer can search NCIC during a traffic stop to determine if the vehicle in question is stolen or if the driver is a wanted by law enforcement. The system responds instantly. However, a positive response from NCIC is not probable cause for an officer to take action. NCIC policy requires the inquiring agency to make contact with the entering agency to verify the information is accurate and up–to–date" (http://www.fbi.gov/about–us/cjis/ncic/ncic, 2010). Uncle Bob could have been detained for many reasons; a bench warrant for a failure to appear for example. The more severe cases may be a felony warrant for drugs, sexual assault, battery, burglary, etc. But at the end of the day it is on the arresting agency to confirm the accuracy of the information that they discover when running his personal data. They need to ensure that what they discover is correct and current. They do this by contacting the agency who provided that original information. The main issues I have with this situation is that Uncle Bob has never left the state of California and for him to have to travel all the way to Florida to get arrested seems a little far–fetched to me. The arresting agency would have to provide thorough due diligence to ensure that it was a good arrest. Did the person sought after ever commit a crime in another state, was the local LEA provided a photograph of the other Uncle Bob, was my Uncle Bob hiding something? All great questions ... Get more on HelpWriting.net ...
  • 11. Residential Burglary At 123 Anywhere St, Fayetteville... Case Summary On 8–24–16, at 0700, I was dispatched to 123 Anywhere St, Fayetteville North Carolina, in reference to a residential burglary at the home of Mr. Jesse Johnson, the victim. Mr. Johnson informed me that he left for work about 2130 last night, and returned home for the first time at about 0600 this morning. He noticed his front door was open and when he entered his home he immediately saw that his 42'' Panasonic flat screen television had been stolen. After investigating further, the victim realized that his Dell laptop, as well as $1500 cash he was saving for home improvements, had been stolen. The front door of the victim's home appeared to have been pried open with a crowbar. The victim's residence was processed for latent evidence. No other evidence was found at the scene and Mr. Johnson was unable to give any leads to who may have been responsible for the burglary. On 8–24–16, I ... Show more content on Helpwriting.net ... Jackson. The search was based on the information obtained from Michael Angelo, the witness who had gone to play cards in the home of Brent Jackson. who had the exact same TV with its distinctive scratch in his residence. The search was for a 42" Panasonic flat screen television with a distinctive scratch on the console, a crowbar, a dell laptop, and a dark bag containing money. The search warrant was granted and upon completion of the search, I retrieved a 42" Panasonic flat screen television with the identifying mark from the home of Brent Jackson. The TV was seized and logged into evidence. No other items were located during the search of the home. On 9–14–16, Informant Number 1105 stated that he was associated with suspect Marc Smithson who lives on Jones Street. 1105 states that Smithson offered to sell him a laptop. 1105 believed that Marc would sell him the computer. 1105 was willing to broker the deal between the suspect and an undercover officer to rec over the stolen ... Get more on HelpWriting.net ...
  • 12. Investigating The Crime Of A Criminal Trial In chapter thirteen, Anderson and Gardner discuss the measures in gathering evidence to identify an offender in a criminal trial. In a criminal trial, the prosecutor must prove the crime alleged of the suspect did occur (prove of corpus delicti), and/or that the defendant committed or was a party to the crime committed. Therefore, direct and circumstantial evidence is used to substantiate the defendant has committed the crime. Identification evidence may account for several factors, in which include: "identification by the victim of the crime. Identification by the eyewitnesses. Confessions, admissions, or incriminating statements by the defendant or his associates showing that the defendant committed the crime or was a party to the crime. ... Show more content on Helpwriting.net ... 319). Mistaken eyewitness identification is usually due to a number of estimator variables: Stress, Duration of events, Witness character, Memory decay, and several others. These variables initially can cause the witness to make a misidentification. In addition to eyewitness identification, line ups and showups are used to identify a witness or a suspect. Lineups are an identification procedure, in which the witness or the victim of the crime is able to observe and pick out any possible suspects related to the crime. As for a showup, the witness of the crime is able to view the suspect alone, without other possible suspects. For example, when a suspect is apprehended, a police officer could rely on a showup procedure and present the victim of the crime with a drive by of the detainee in an effort to identify the suspect. These identification procedures are important for the witness because they provided a comfortable setting in which can help them be as precise as possible in making a identification. The use of photographs or sketches are essential in identifying a suspect of a crime. Nonsuggestive photo arrays include multiple photographs, usually six or eight, showing a person of the same general description. The ... Get more on HelpWriting.net ...
  • 13. Finding A Mentor For This Project Essay Entry 1: Finding a mentor for this project was not too difficult. Despite finding a mentor, scheduling with my mentor was actually the hardest part. The funny thing about this, is fact that my mentor is my father. I see him everyday and scheduling is still difficult. I can only imagine how tough it is for others doing this project. To find, associate and make plans with people they don't even know. Well anyway I want to be a Police Officer. Many of the stories my father had told me and continues to tell me is very interesting. His experiences inspired me to become one myself. I was told stories about many different criminals from someone J–walking to being involved in a homicide. This job seems like the least boring job( depending where you work) someone can be apart of. Entry 2: On Saturday Novemeber 4th I had just got home from the gym. I walk in my house grabbed a towel and headed straight for the shower. It was ride along day with my father. Dressed and ready to go. We get in the car and headed to my mentor's field. On the way I was so excited to see what it's like to be a police officer. Soon, arrived at the Los Angeles Police Department.I never wold've thouh I'd be on a ride along with my father. My ride along experience with my mentor ended up being the longest and most intense day of my life. I say it was long because I was with him from 9pm to 5;32am. That's 8 hours. Before the trip I was introduced to many of the officers my mentor works with at the department. ... Get more on HelpWriting.net ...
  • 14. THE EFFECTIVENESS OF THE REGULATIONS OF ARREST AND DETENTION I think that there are not enough reasonable grounds for an arrest without a warrant. I think more reasonable grounds should be put into place in order to arrest someone without a warrant. This is because I think that if a victim phones the police with a worry they should arrest a person to stop them from doing something, however they usually wait until something has actually happened to the victim or their property. I also think that citizens should not have the power to arrest a suspected criminal as they could get injured in the process and it's not their duty to arrest a person. If the police apply for a warrant it could take days to receive the warrant so I think that this is not effective as the person they are applying for a ... Show more content on Helpwriting.net ... There are a number of rights for offenders that are effective such as the right to have someone informed, legal advice, searches, right to decent conditions and right to consult the Codes of Practice. However, I think that DNA/Fingerprints, a phone call and the right to silence should not be allowed. DNA/Fingerprints without consent should not be allowed as the suspect may not even be guilty. They should be allowed permission to say whether they want the police to have them unless they have actually committed a crime. A phone call should also not be allowed as they could phone someone for an alibi or to cover their tracks so they are not a part of a crime. Finally the right to silence should not bean option as the police are trying to figure out and it could put someone else in danger, for example, a kidnapping. The police could be trying to find a child with a serious illness and if the suspect doesn't say nothing and has the right to silence then the child may die or some serious harm could be done which puts the child in danger etc. There are some advantages and disadvantages of the interview techniques. I think that recording the suspect both on video and audio because its good to look back at to see their facial expressions in response to the questions asked by the police and also the way they say it for example, the suspect could stutter when answering a question, something the police may ... Get more on HelpWriting.net ...
  • 15. Investigation Of A Crime Scene must take the measurements of the area roped off, and if there is evidence on the ground or anywhere, that specialist must make a two–point measurement, which means, take two unmovable objects of that area like a door or an outlet and measure how far they are to the evidence. The sketcher must also draw everything else in the crime scene in order for the computer in the forensics lab to get the most accurate measurement. If there is a crime in a small town that doesn't have a crime scene unit then a detective will have to carry out all these tasks while also interviewing witnesses and tracking down suspects to solve the crime. For detectives to get DNA from a person the detective must get a warrant unless they perform this technique. When detectives are interviewing a suspect but know they don't have enough evidence to get a warrant for DNA sample the detective can gather evidence from objects the suspect may have come into contact with in the interview room. When the detective interviews a suspect they will give the suspect a glass of water hoping that the suspect will drink out of it and the detective can then send that glass to the forensics and get the DNA tested that is on the glass and see if it is a match to the crime. Other methods detectives will use is asking the suspect to lick an envelope closed or offer the suspect a cigarette and get the DNA of the cigarette butt. This method of obtaining DNA will stand in court because they did not obtain the DNA ... Get more on HelpWriting.net ...
  • 16. Unit 17 Police Powers In The Uniformed Public Services Learner Assessment Submission and Declaration When submitting evidence for assessment, each learner must sign a declaration confirming that the work is their own. You may use this form, or incorporate a learner declaration into an Assignment Brief front sheet. Learner name: Jessica Mather Assessor name: Gill Draper Issue date: 11/11/2014 Submission date: 21/11/2014 Submitted on: 21/11/2014 Programme: Extended Diploma in Uniformed Public Services Unit: Unit 17 Police Powers in the Public Services Assignment reference and title: Unit 17, Task 1.1, 1.2, 1.3, 1.4 Please list the evidence submitted for each task. Indicate the page numbers where the evidence can be found or describe the nature of the evidence (e.g. video, ... Show more content on Helpwriting.net ... The warrant can be issued under section 1 of the magistrates courts act (1980) and must contain the name of the suspect and the offence they are alleged to have committed. The decision to issue a warrant rests soley with the magistrate. If the magistrate issues a warrant, the police officer may then make the arrest, even if they have to use reasonable force to enter premises where they think the suspect might be. The majority of warrants issued in England and Wales are for matters such as matters such as: Failure to appear in court Breach of bail conditions
  • 17. Failing to pay fines. In reality, many arrests are carried out without a warrant. This is either because the Police are called to the scene of a crime and must act rapidly, or because they do not know who is about to be arrested before they deal with an incident and therefore could not get a warrant. Section 24 of PACE (1984) sets out the general powers of arrest which may be exercised by the Police as well as the public. However, S24 of PACE was substantially changed by the Serious Organised Crime and Police Act (SOCPA, 2005). Section 110 of SOCPA replaced most of the existing powers of arrest with a new general power of arrest. It also created Code G of PACE which sets out when an officer might arrest. This power of arrest is only exercisable if the officer has reasonable grounds for believing that it is necessary. The following extract is taken directly from ... Get more on HelpWriting.net ...
  • 18. The Police Powers of Stopping and Searching Essay The Police Powers of Stopping and Searching The police can stop and search any person, vehicle, and anything in or on the vehicle for certain items. However, before they stop and search they must have reasonable grounds for suspecting that they will find:– · Stolen goods; or · An offensive weapon; or · Any article made or adapted for use in certain offences, for example a burglary or theft; or · An article with a blade or point; or · Items which could damage or destroy property, for example spray paint cans. The police can also search a football coach going to or from a football match if they have reasonable grounds for suspecting there is alcohol on board or that someone is ... Show more content on Helpwriting.net ... If the police have reasonable grounds for believing that you are not, in fact, in your own home or that you are somewhere without the permission of the homeowner, they can search you. There are separate rules about when the police have powers to enter your own home – see under heading. The police can use reasonable force when they stop and search, but must make every effort to persuade you to co–operate. They should only use force as a last resort. Before searching, the police officer should tell you that you are being detained for the purposes of a search. The police officer should also give you their name, the name of their police station, the object of the search and their grounds or authorization for making the search. If the search is connected to terrorism the officer can give their police number instead of their name. You should also be told that you have a right to a copy of the record of the search. If it is impractical to make a record of the search there and then, the police officer will tell you that you have the right to apply for a copy, as long as you do so within 12 months.
  • 19. The police should not question you with a view to getting evidence until they have cautioned you. If you have been arrested, you must not be interviewed before being taken to the police ... Get more on HelpWriting.net ...
  • 20. Difference Between Reasonable Suspicion And Reasonable Doubt The issue within this paper focuses on the difference between reasonable suspicion and probable doubt. The two appear similar in many ways as both require the best judgment of the law enforcement personnel. But they are in fact different, and all law enforcement must know the difference in order for the evidence to be admissible in court. Law enforcement is obligated to follow the protocols and procedures outlined by the U.S. Supreme Court; if law enforcement does not follow the laws, perpetrators could be released and free to commit more crimes. Proving probable cause and reasonable suspicion are imperative to avoid violating the rights of citizens. The police need only reasonable suspicion to stop an individual and question him or her, and they may search for weapons if they believe that the person is armed or presents an imminent threat of bodily harm (Taylor, 2012). Reasonable suspicion is when a law enforcement personnel presumes a crime has been or is about to be committed. For instance, a police officer observes a vehicle driving unusually faster than the others on the road, therefore performing a speed check using radar. The car is, in fact, speeding so the officer pursues the vehicle and pulls them over. Upon approaching the vehicle, the officer notices the suspect scrambling and whispering while leaning around the car. This causes suspicion, reasonable suspicion, which allows the officer to ask the person out of the vehicle to detain them. It also gives the ... Get more on HelpWriting.net ...
  • 21. Rottman v commissioners of police for the Metropolis Rottman v commissioners of police for the Metropolis "Extradition search is lawful, lords say common law power is still available" The name of the parties are (appellant) commissioner of the police of the metropolis,(respondent) Mr. Michael Rottman . The judgment has been held in the house of lords. The judges on this were– Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton and Lord Roger of Earlsferry. The barristers and solicitors in this case were, Mr. Perry, on behalf of the appellant and Miss Montgomery, for the respondent. The date of the judgment was 16th may 2002. MATERIAL FACTS– the respondent, Mr. Micheal Rottman , is a German businessman and was suspected of fraud in Germany. A court in Germany ... Show more content on Helpwriting.net ... In the Divisional Court Lord Justice Brooke said that in R v Governor of Pentonville Prison, Ex p. Osman Lord Justice Lloyd had said: Is there any difference between a warrant of arrest in domestic proceedings and a provisional warrant under section 6 of the Fugitive Offenders Act 1967? We can see none. His Lordship found it impossible to interpret Part II of the 1984 Act as providing any saving for the common–law power identified in Osman Parliament intended s. 18 to provide in codified form for the full extent of a constable's power to enter and search premises after an arrest, for the purposes identified in that section, and intended it to be limited to police inquiries into domestic offences. His Lordship was satisfied that the common–law power of search which was identified in Osman was extinguished when Part II came into force. The police possessed no statutory power of entry and search without a warrant outside the four corners of the Act and the Act gave them no such power in an extradition context. The House of Lords's ratio However, in the Lords, Lord Hutton said that the Divisional Court ... Get more on HelpWriting.net ...
  • 22. The Murder Of The Van " Stop right there you filthy thief!" yelled the law officers while chasing after the four delinquents. "Hurry up you idiots! Unless you wanna get caught, I'd say you hurry yo butts up and run!" yelled Allison. " Chill Ali, we aren't getting caught," Daniel responded. " Look at them officers trying to catch up to us, slower that a turtle," added Ryan. " Oh my lord, can you two just shut up and listen to Allison, and get into the van. By this rate they will catch up to us if you don't stop lagging behind," Elien yelled. The four of thieves reached the van while Ryan and Daniel put everything in the back, Allison and Elien started the engine. The van they had was a really nice van, it was brand new in a nice glossy white. It 's probably ... Show more content on Helpwriting.net ... It was dark out now by the time they finish making dinner. Ryan and Daniel helped them bring the food onto the roof where their dining table is at. The top of the roof, where they would eat, was decorated beautifully with flowers, candles, and lights.The dining table ivory draping with flowers and candles. Above it, it has a nice fairy light hanging from tall white columns. It was a warm spring night in Los Angeles. The sky was full of blinking stars. If you look down from the roof, it is full of beautiful city lights. When they were done with their dinner they all went to sleep. The next day they woke up and got breakfast ready. When they were eating they discussed where whose house they should break into next. "Let's break into a house in Beverly Hills today," suggested Elien. " That's gonna be hard to break into a place in Beverly Hill, but it 's not impossible. It's also a really good place to rob. We possibly end up with a lot of valuable items that we can later sell for money," responded Ryan. "So it been decided we're going to Beverly Hills," declared Allison. They all went to prepare for their next break in, but suddenly there was a really loud thump at their front door. "BANG!" Their front door gets kicked down and the FBI comes in. "Put your hands where I can see them!" an officer shouted. "What is this! This is absurd why are you in our home and do u even have a search warrant?" Allison was furious and terrified at the same time. "How could they have ... Get more on HelpWriting.net ...
  • 23. The Police Powers of Search, Arrest, and Interrogation Essay The Powers of Police Individuals have civil rights; people are entitled to be allowed to move freely and to have their person and their property respected. However the police must have sufficient powers to investigate crimes. Therefore Parliament has given the police special powers that can be used in certain circumstances. These powers include the rights to stop and search suspects, to arrest and interview people when necessary and to take fingerprints and samples (blood samples) for scientific analysis. Without the police having these certain powers then it would be nearly impossible to investigate any crimes. But it is also important for the police to remember that, at the same time, they ... Show more content on Helpwriting.net ... To use this power under PACE the police officer must have reasonable grounds for suspecting that the person is in possession of or the vehicle contains stolen goods or prohibited articles, such as items of offensive weapons, and articles for use in connection with burglary or theft. As these powers are very wide there are safeguards in that the police officer must give his name and station and the reason for the search. If he or she fails to give reason for the search, then the search is unlawful. This was shown in the case of Osman v DPP 1999, where the officers did not give their names and station. The Queens Bench Divisional Court held that this made a search of Mr. Osman unlawful and so he could not be guilty of assaulting the police in the execution of their duty. If the search is in public, the police can only request that the suspect removes his or her outer coat, jacket and gloves. The code of practice A contains details and guidance on when these powers should be used. In particular it stresses that police officers must not act just because of a person's characteristics. Paragraph 1.7 of code A says: 'Reasonable suspicion can never be supported on the basis of personal factors alone. For example, a person's colour, age, hairstyle or manner ... Get more on HelpWriting.net ...
  • 24. Incident Between The City Of Auburn, County Of King,... This incident occurred in the City of Auburn, County of King, Washington; On 10–21–2016 at about 1000 hrs I was in the south parking lot of Isaac Evans Park at 30700 Green River RD SE, when I noticed an older silver Honda sedan, WA/BBJ3053, reversed in to a parking shall. At the time, the vehicle had two people sitting in it, a female in the passenger seat and a male in the driver seat. The vehicle was not running at the time. I know from several previous contacts at the park that stolen vehicles are often dropped off in the parking lot as it is away from any busy roads and out of sight from any buildings. At the time the vehicle was the only one in the area. I drove over and parked my fully marked patrol vehicle next to the Honda and walked over to the driver 's side of the vehicle. As I walked over the male started to exit the vehicle. I walked over to the male and asked him what he was doing in the area and if he was willing to provide his name. The male quickly stated that he had a DOC felony warrant for his arrest. I placed the male in handcuffs, per my training, and advised him of his Miranda Rights. The male stated that he did not have ID on him, but provided his name as Garrett Brown. I checked Brown, via radio, through WACIC/NCIC/DOL and dispatch confirmed that he had a DOC Escape Community Custody warrant for his arrest, #2714104794. Additionally, dispatch advised that he had an DV no contact order and a female, Devin Bushaw, was the protected person. I ... Get more on HelpWriting.net ...
  • 25. Article Report On A Police Officer Orlando W. Wilson and Roy C. McLaren wrote that "Almost everything that a police officer does must be reduced to writing". As a police officer you're largely evaluated based on your written report skills. As an officer of the law you must be able to do your job well, and within the extent of the law (Hess & Orthmann, 2013). Not only that but the officer must be able to correctly record information and present it to those who were not there. 20 percent of an officer's time is spent writing reports (Hess & Orthmann, 2013). It's not just skilled investigating tactics that brings a criminal to justice, it is also the ability of the investigator to written a report that will withstand the scrutiny of judges, prosecutors, defense counsels, and jurors. An officers report has the ability to determine whether or not the guilty goes free. It's the job of the supervisor to decide if the investigating officer followed the correct protocols and policies of the department. However, whether your report is being read by your supervisor; lawyers, social workers, judges, citizens, or the media, it should be easily comprehendible across the board. Most of the time, those reading your report will not have been present at the scene. It is the job of the officer to write a report that effectively communicate the who, what, where, when, and how to a general audience. You should never speak down on your audience, or try to make our report seem "more professional" by using difficult language. ... Get more on HelpWriting.net ...
  • 26. How Did Jack And Mary Do That Justifies A Finding That... Chapter 8 Q&A 3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain. As a general rule, crime involves combination of act and criminal intent. A crime is committed when it is acted upon with a criminal intent. An act of crime without a criminal intent is not a crime. Once an idea of a crime has been communicated and planned out it is considered a conspiracy. A conspiracy is a crime. The crime is justified due to ... Show more content on Helpwriting.net ... If there were no probable cause and there was not a warrant granted by a judge then Suzy would be protected under the fourth amendment. The exclusionary rule under the fourth amendment will also protect any evidence obtained since the "uppers" were illegally obtained by the police officer. 6. Devin was arrested and tried for embezzlement. After deliberating for three days, the jury informed the judge that it was hopelessly deadlocked and could not reach a verdict. The judge declared a mistrial and scheduled a new trial. Devin objected, contending that a second trial constituted double jeopardy. Is he correct? Explain. In this case, the second trial would not be considered double jeopardy. Double jeopardy means that a person cannot be tried twice for the same crime. He was never acquitted of the crime. Since the jury could not reach a verdict, it was a mistrial case. Once a verdict was reached and carried out, Devine could not be trailed again for same crime. In the case that the defendant appeals and obtains reversal of a conviction, they may be tried again. The reversal means that the defendant was not in jeopardy. The reversal is basically a willingness of the defendant to be tried for crime. In another case, If the crime is committed against two or more people or in multiple states or if the crime is in violation of both state and federal laws the defendants protection against double jeopardy does not prevent multiple trials. 8. A ... Get more on HelpWriting.net ...
  • 27. Adult Female And The Block Of Auburn Way North For Dui T. MINKLER, 1809, Wed Feb 10 01:03:45 PST 2016, 22, Yes Video An adult female was arrested the 4200 block of Auburn Way North for DUI.% The following occurred in the City of Auburn, King County, WA: On February 9, 2016, at approximately 2220 hours I was travelling north in the 2100 block of Auburn Way North, when I noticed a vehicle, turn northbound onto Auburn Way North from 22ND ST NE. As the vehicle turned northbound (left) it took a wide slow turn. The vehicle speed up quickly as I was attempting to close the distance on the vehicle I noticed the vehicle drifting from the yellow line to the white dash line. The vehicle continually drove with the driver 's side tires touching the yellow line. I paced the vehicle in the 3000 block. ... Show more content on Helpwriting.net ... McGuire had one passenger in the front seat. I noticed McGuire 's red were red, bloodshot and glassy. I asked McGuire for her registration, license, and insurance. When McGuire was retrieving her license used the pads of her fingers to get the license out. As McGuire spoke I noticed her speech was slow and slurred. McGuire provided the requested documentation. McGuire repeatedly told me she had been crying. I returned to McGuire 's vehicle and asked her to step from the vehicle, she complied. Once outside the vehicle I noticed an odor of intoxicants coming from McGuire 's person. I asked McGuire how much she had to drink tonight, and she said, "a couple." I asked McGuire how much was "a couple" and she said earlier they were at the Casino. McGuire said she was coming from the Casino. I asked McGuire if she was willing to do some voluntary field sobriety tests to make sure she was okay to drive, she said she would. McGuire said she had no physical impairments. I demonstrated and conducted the field sobriety tests in accordance with my training. The first test was the Horizontal Gaze Nystagmus. During this test I had to tell McGuire multiple times to keep her head still. Additionally, during the entire test McGuire swayed in a circular manner. I observed lack of smooth pursuit, distinct and sustained Nystagmus at max deviation and angle of onset prior to 45 degrees in both ... Get more on HelpWriting.net ...
  • 28. Search And Seizure: A Case Study Title 21397073, Mustafa Alsoufi By the end of April 2016, The Supreme Court of United States of America accepted to make some changes to rule 41, Search and Seizure. It is a rule that gives authorization to magistrate judges in any region or district, where a crime activity may have occurred, to release a warrant to search and seize [1]. A change in this rule will allow the FBI to need a single warrant from the magistrate judge to hack and install malware in suspects' computers accused of undergoing some digital criminal activities. Utilizing that warrant, the investigation department can remotely search computers even if the warrant they possess is outside the magistrate judge district. The peoples' opinion is split into two sides; one agrees ... Show more content on Helpwriting.net ... The change to rule 41 is a clear violation to the fourth amendment. Mr. Kevin Bankston, the principal of New America's Open Technology Institute mentioned in one of his own statements that this kind of laws goes further than wiretapping. In comparison with ordinary searches and wiretapping, hacking is clearly more invasive and violates the fourth amendment, which protects people from being searched unreasonably. Moreover, it raises more concerns and risks to the security and privacy than wiretapping [13]. Many Americans want liberty and privacy, but these changes don't give them much of either. American people desire liberty and security, but the proposed modifications do not give them much of either. this kind of adjustment can grant the government more power to hack smart devices by allowing the FBI to use unproved malware systems; therefore, the safety and privacy is diminished and the risk of losing data and damaging hospital systems will not be the result of the US congress' wrong decision for allowing such a change, but because something had been done automatically [11]. The FBI claims that they will ... Get more on HelpWriting.net ...
  • 29. Search Warrant Research Paper Introduction: Nowadays, Digital devices are everywhere in people's daily lives, from computers, smart phones, gaming consoles to monitors, GPS, printers and so on. Any device that can store data might be a very important piece of evidence. This requires us, people who carry digital devices, to understand rules of digital devices. For example, can policer officer search your digital devices without your permission? What if you found a suspicious folder when you am using your roommate's computer, should you open it and inspect through? Or a police officer show up in front of your house, and ask you to sign a consent form so they can search your computers, what is this? Do you think you can refuse? What are the consequences of signing it? The Canadian Charter of Rights and ... Show more content on Helpwriting.net ... This is defined by Nova Scotia v. MacIntyre (1982). R. v. Pugliese (1992) clarifies that the warrant is a substitute for consent to enter a private premises or any other places with reasonable expectation of privacy. R.v. Colarusso (1994) states that "the citizen's right to have a reasonable expectation of privacy." In digital evidence, our cellphone and personal computer are considered as having a very high expectation of privacy, so search warrant or consent to search are usually required when search such devices. However, it is suggested that the degree of privacy is lessened where a personal computer has been brought to a repair shop by R. v. Graham (2010). So a computer technician can make a copy of clients' data and give it to police officer to inspect without warrant or consent. In some other situation, like devices searched by incident to arrest or under plain view, search warrant is still required for inspection, even if devices are already in police officer's ... Get more on HelpWriting.net ...
  • 30. Reon Jordan's Case Summary In the case that I found, in March 2014 a 34–year–old Los Angeles women, was arrested on suspicion of burglary, grand theft, and unauthorized use of PHI. The woman, Reon Jordan, who worked at ABEO, a Pasadena national medical billing company, will be facing these charges due to allegedly stealing hundreds of patients personal PHI. Ms. Jordan's was going to a West LA College, where she was going to school to become a licensed medical biller. Suspicion activity of payments to her schooling raised a red flag to one of the college employees, and an investigation was started, which ended up eventually involving the local authorities. When Ms. Jordan was found to be employed at a medical billing company since 2008, the investigation was extended ... Show more content on Helpwriting.net ... Jordan was arrested, she had the credit card information of over 200 patients and the identify profile of over 400 patients. She was charged with 21 counts of Identity theft and 3 counts of multiple identifying information theft, and could face up to 19 years in county jail if convicted. She is accused of misusing the credit cards to purchase products for personal use. During the investigation, they were able to identify 23 victims in the communities of LA, Santa Monica, Malibu, Mammoth Lake, and as far away as Tennessee and Mississippi. Detectives believe that numerous other victims are still yet to be discovered (at the time of the news story). Presented solid prevention strategies: I think as a patient, or consumer in general, it is extremely important to monitor your credit history. There are ways to do a report, for no charge, to check your credit history on the 3 different credit reporting agencies. You also need to review your monthly credit card statements to make sure that what you purchase, is what you pay for. Most business, have safeguards in place, to avoid most of the type of frauds that Ms. Jordan committed. The companies I have worked at have done the following things to safeguard customers/patients' privacy information: Special educational training on customer privacy Security ... Get more on HelpWriting.net ...
  • 31. Examples Of An Arrest Warrant SCAM 1:Fake Warranty Scam: You've received a warrant by email saying a federal law enforcement officer or attorney for the government wants to arrest you. Charges may be for money laundering or missed jury duty. To avoid arrest, the warrant says, send money. It's a scam. 'Scamwatch' is warning customers to be aware from scammers false claiming to be from the Commonwealth Director of Public Prosecutions (CDPP) or Australian Taxation Office (ATO). These scammers spin a range of stories about why an arrest warrant was issued. The scam occurs as follows: You'll receive an unforeseen call from someone claiming to be from a Government Organisation (CDPP) (ATO). They'll explain you have an arrest warrant for some reason. They'll clarify the only way to avoid ... Show more content on Helpwriting.net ... "Never send money or give credit card details, online account details, or copies of important personal documents to anyone you don't know or trust." https://www.scamwatch.gov.au/types–of– scams/dating–romance Don't agree to transfer money for someone: money laundering's a criminal offence. Avoid arrangements asking for up–front payment via wire transfer, "international funds transfer, pre–loaded card or electronic currency." https://www.scamwatch.gov.au/types–of– scams/dating–romance It's rare to recover money sent this way. Be cautious with personal information shared on the internet, it may be misused to create fake identities or target you with a scam. If you believe you've been scammed, report it to the website/app where the scammer first approached you. Give a profile name and details which may assist to stop others from being scammed. If it's believed you've provided account details to a scammer, contact your bank/financial institution immediately. You're encouraged to report scams to the ACCC via the 'report a scam page'. This action warns people about current scams, monitor trends and disrupt scams where possible. Include an email or screenshot of the scam you received. Part ... Get more on HelpWriting.net ...
  • 32. My Final Project For my final project, I decided to create an artistic representation of Ricky Smith's character. created a wanted poster, a police report, and lastly an arrest warrant. I originally started out with only wanting to create a wanted poster for Ricky but after doing research I quickly learned that there is much more that must happen before a wanted poster can be created. In this essay, I will describe what my research has taught me about the criminal science is not only the United States but the United Kingdom as well. I will explain how the information I learned influenced the decisions I made throughout the process of creating my project. Before even beginning to make any of the artistic components of this project I did some basic ... Show more content on Helpwriting.net ... I did an additional google search to see if I could find a more specific source to help me and I was pleasantly surprised with what I found. This search lead me to another source titled Police Reform and Social Responsibility Bill. This source was only about arrest warrants and went in–depth on what they exactly are. This article was particularly helpful because it focused on the United Kingdom so I was then better able to create this arrest warrant to the degree that it would have been created for Ricky's case. This article goes into detail on when the warrant should be issued and what the prosecutor must do to get the warrant. This journal helps the reader better understand what the Police Reform and Social Responsibility bill means. It says, "The effect of the clause is to require the consent of the Director of Public Prosecutions before an arrest warrant can be issued in private prosecutions for offenses where universal jurisdiction applies." I now understood what must happen before an arrest warrant could be created I now had to figure out what an arrest warrant really looked like. To do this I figured a visual representation would give me a good start. I looked up United Kingdom arrest warrant examples and used that as a loose ... Get more on HelpWriting.net ...
  • 33. Serving High Risk Warrant Essay Topic: Serving high risk warrants Research Question: What are the various ways to serve high risk warrants? Hypothesis: There is a systematic way of serving high risk warrants based on the priorities of life that will reduce injury or death of Special Weapons and Tactics (SWAT) operators. Null Hypothesis: There is no statistically significant difference between the various ways of serving high risk warrants and the reduction of injuries or death of SWAT operators. Research Design: The method of gathering data will be through a survey from participating agencies that have ... Show more content on Helpwriting.net ... The rationale behind my hypothesis is that there are several ways to serve an arrest or search warrant while keeping the priorities of life in mind and ultimately minimizing the risk of injury or death to all that are involved. The best ways that have been developed while serving high risk warrants are take down and away, surround and call out, breach and hold, limited penetration, and controlled entry. These ways of serving a warrant are a systematic way based on the intelligence of the structure, suspects, and the priorities of life that are outlined in the NTOA SWAT standards (NTOA, 2008). The priorities of life are hostages or victims, innocent by–standers, police or first responders, and suspects. The rationale behind my null hypothesis is that to date, there is no statistically significant difference between the various ways of serving high risk warrants and the reduction of injury or death of SWAT operators. Choosing different ways to serve a high risk warrant does not fully prevent injury or death of SWAT operators, but it has been proven to drastically reduce the probability of injury or death. The reason why I feel that there is no statistically significant difference between the various ways of serving high risk warrants and the reduction of injury or death of SWAT operators is because there are no two warrants that are exactly alike. Every warrant is different from the ... Get more on HelpWriting.net ...
  • 34. Reasons To Declare In Alhambra A warrant is a document that is issued by a governing or legal authority. The policy have the authority to search a person's property or make an arrest if there is a warrant. If you are wondering whether there has been an arrest warrant issued for you or someone you know, then we can help you. Our company can help you perform an Alhambra warrant check. One of the many great things about is us is that you can get a no cost warrant search in Alhambra. Many people do not know that they have an outstanding warrant in Alhambra. One of the reasons that people do not check to see if there has been a warrant issued is because they think that they will have to pay for the service. That is why we do not charge for a Alhambra bench warrant check. We ... Get more on HelpWriting.net ...
  • 35. A Warrant for Rottman's Arrest by Germany Essays Material Facts In 1996 a warrant was issued in Germany for the arrest of Rottman in connection with alleged fraud offences. Metropolitan Police received a request from the German authorities for Rottman's extradition. His precise whereabouts within England at the time were unknown. A provisional warrant for his arrest was issued by Bow Street magistrates' court under s 8 (1) Extradition Act 1989 ( no search warrant issued). The officers then followed him into the driveway of the house where he had been living after spotting him as a result of a surveillance operation and he was arrested outside the door. Soon after, German police officers asked the senior officer present to search the house. Thereafter the officers entered and searched ... Show more content on Helpwriting.net ... The Counsel for the Police Commissioner appealed the decision on the grounds that search and seizure powers applied to both domestic and extraditable offences. Also that common law powers were merely supplanted and not replaced. He contended that the search was legal under Section 18 and 19 of PACE, and that there was no violation of Article 8 of the ECHR as search and seizure powers were lawful and proportionate to the legitimate aim in a democratic society of crime prevention. Ratio Decindi Lord Hutton had affirmed the existence of common law powers to search the respondent's premises after arresting him for extraditable offences by upholding the principles in Ghani v Jones and Osman particularly the lack of difference between warrants of arrest in domestic and extradition proceedings. He also held that it is a well established principle that a rule of the common law is not extinguished by a statute unless the statute makes this clear by express provision or by clear implication. The powers for search and seizure in s18 and s19 of PACE only applied to domestic offences leaving common law powers unmolested for extraditable offences. It was held that there was no violation of Article 8 of the ECHR. Lord Hutton states that the arrest and the entry to perform the ... Get more on HelpWriting.net ...
  • 36. The Use Of Force For Purposes Of State Law Battery Claim The shooting was excessive use of force for purposes of state law battery claim. Under the California Penal Code, a peace officer who makes, or attempts to make, an arrest need not retreat or desist from his efforts because of resistance of the person being arrested. That officer will not be deemed an aggressor or lose his right to self–defense by use of reasonable force to prevent escape or overcome resistance. Cal. Penal Code § 835a (West 2015). Here, the court will probably find that Mr. Templeton used excessive, unreasonable force because decedent was not under arrest and possessed no weapons that threatened great bodily injury or death. A. The Plaintiff must prove unreasonable force was used to make a prima facie showing of battery. The Plaintiff must prove unreasonable force was used. Edson v. City of Anaheim, 63 Cal. App. 4th 1269, 1272 (1998). The Plaintiff must show that the Defendant acted unreasonably in using deadly force. Id. A police officer may use reasonable force to make an arrest, prevent escape or overcome resistance. Id. The officer's use of deadly force is reasonable if the officer has probable cause to believe the suspect poses a significant threat of death or serious injury to him or others. Brown v. Ransweiler, 171 Cal. App. 4th 516, 525 (2009). The standard jury instruction for a police battery recognizes that a peace officer who uses unreasonable or excessive force in making a detention commits a battery upon the person being detained. Id. at ... Get more on HelpWriting.net ...
  • 37. Search Incident Of Arrest And Arrest Perhaps one of the most controversial and one of the hardest for officers to adhere and adapt to is, Search incident to arrest. Search incident to arrest is an ever changing exception to the warrant requirement. Over the years this rule has been tweaked many times by the supreme and applet courts. Because of this there are many rules to how search incident to arrest can be applied and used. Because of this it has become one of the more controversial topics in law enforcement and one of the hardest to learn. However, search incident to arrest is actually much easier for new rookie officers to learn. Many older officers have done it one way their entire careers, but new case law comes out all the time changing the way the officers do it, whereas a rookie officer has the advantage because they only know of the law the way it is now. One might ask, what is a Search incident to arrest? According to Norman Garland in our book Criminal Evidence, it is an exception to the warrant requirement that permits an officer without a warrant and further probable cause to search the person and certain areas around an arrestee incident to a lawful arrest. So essentially an officer has a right to search the person they have detained in the immediate area around them, immediate control or as it has been referred to the lunge and grab area of the person for weapons. This rule was instituted so that a person who is being detained cannot pull a weapon on officers and the officers can keep ... Get more on HelpWriting.net ...
  • 38. Indian Tribe And Indian Tribes Tribal sovereignty which states in Maynard v Narrangansett Indian Tribe, 798 F Supp 94 (DRI, 1992) that Indian Tribes are distinct and independent communities that retain their natural rights of the Indian Tribe. Indian Tribes and their members are immune from common–law suits. Indian Tribes members are exempt from suits unless congress has authorized the suit. ISSUE 1. Can a member of the Chippewa Indian Tribe have their property, on public school grounds, searched? 2. Can the county search warrant be valid to search a Reservation and can the sheriffs legally search such property? 3. Can police search beyond the property issued in the warrant? 4. Did the county sheriffs have any valid evidence to charge the Weathers? 5. Can Isabella County be held liable for wrongful arrest? 6. Can the police be held accountable for destroying artifacts? BRIEF ANSWER Songaa of the Chippewa Indian Tribe is allowed to be searched in public schools because she is off the reservation, and the school has a legal right to search her. The county search warrant is not valid with the tribal police because county search warrants do not comply with the tribal court. Another issue with the current warrant is that the police did not have any invitation to come onto the property. Therefore, the Isabella county warrant is not valid and the police officers cannot legally search the Weathers' home. If the warrant was valid, the police could not search beyond Songaa's bedroom unless the police had probable ... Get more on HelpWriting.net ...
  • 39. Jill 's Warrant For Arrest Today is November seventeenth, this will be the first meeting with my new client Jill. She has an extensive criminal background due to the fact that she was caught shoplifting and under the influence on several occasions. At a later date, Jill was given a court date and failed to make an appearance. As a result of her failing to attend her court case, a warrant for her arrest was dispatched. Shortly after Jill's warrant for her arrest was sent out she was caught speeding on Route eighty by a state trooper who then pulled Jill over. When, the officer scanned her license he discovered Jill 's warrant for arrest. On further inspection of Jill's vehicle, the officer detected that she was in possession of various illegal substances and was then suspected of her herself being overwhelmingly intoxicated by such substances. Consequently, Jill was apprehended due to there being a warrant for her arrest in addition to her possession of drugs. As a result, of Jill being caught by the officer she has been forcefully stationed into the PHP program (Partial Hospitalization program). Which she will be spending half of her day counseling with various social workers such as myself. Meanwhile, the remainder of her day will be spent attending school under close supervision. If Jill refuses to make an appearance to these mandatory meetings there will be severe repercussions. Failure to attend will have her imprisoned in a juvenile detention center until she is of legal age to be relocated to a ... Get more on HelpWriting.net ...
  • 40. Black Acura Incident On 3–26–2017 at about 0805 hrs I was west bound on E Main St at about Auburn Way when I noticed a black Acura pass me east bound on E Main St. At the time, the vehicle had no front plate and it appeared that it was occupied by several males. I remembered from the previous day (3–25– 2017) that Officer Feero had sent a "BOLO" out about a black 2003 Acura that was reported stolen from 402 16th ST NE. Additionally, in the BOLO, Officer Feero noted that the Acura (WA/BAJ1409) had a "KCCO" sticker on the back bumper. Furthermore, Officer Feero sent a department email with surveillance footage of the vehicle being stolen. As the vehicle passed me, I looked at the bumper and noticed that the vehicle had a white "KCCO" sticker on the rear bumper and ... Show more content on Helpwriting.net ... After a checked of the stolen vehicle, Officer Vojir located a hand gun on the passenger side front seat. The firearm had no associated record. All three suspects were advised of their Miranda Rights. Carlo declined to speak with police. However, post Miranda Eydoel stated that he was the back seat passenger and that Carlo was the driver of the vehicle. Additionally, Eydoel stated that he knew the vehicle was stolen. Also Post Miranda, Sam stated that he knew the vehicle was stolen and that Carlo was the driver of the vehicle. Furthermore, when questioned about the pistol that was found in the seat Sam was sitting in. Sam stated that when the police got behind the vehicle Carlo handed him the pistol and then stop the vehicle and told everyone to run. A criminal history check of both Carlo and Sam indicated that they were convicted felons. Based on the fact that Carlo was the driver of a stolen vehicle, attempted to elude police and was in possession of a firearm as a convicted felon, there was probable cause for his arrest for RCW 9a.56.068 – Possession of a Stolen Vehicle, RCW 9.41.040 – Unlawful Possession of a Firearm and RCW 46.61.024 – Attempt to Elude. Carlo was booked at SCORE Jail under the listed ... Get more on HelpWriting.net ...
  • 41. Essay Legal Police Searches The laws of the United States can be hard to understand sometimes. The Fourth Amendment states that people have a right not to be searched without a reasonable warrant and that people have a right to feel secure in their homes. There are acts giving police permission to do what ever they need to to keep drunks off the streets. There are also rules and regulations, kind of like a sports game, and, just like games, there are always ways to get around these rules. Like finding it legal to randomly stop cars to give people breathalyzer tests, or entering people's homes and searching for things without a warrant. Unlike a game however, the results of going around these rules can sometimes be devastating. Police may ruin a home trying to find ... Show more content on Helpwriting.net ... For that reason, I believe police should have the right to stop cars for the testing. I don't think that people should get mad at the government if they pass the law because it is there to help them. If the people getting stopped aren't drunk, well, what's the problem? Why do they need to get mad? They aren't the ones getting arrested. Police are here to see that common people follow the laws. One day, not too long ago, police came into Dollree Map's house without a search warrant and trashed it, looking for a bomb suspect. Finding nothing to that affect, the police realized they had the wrong house, but during their search for the suspect, they found some "obscene material." They arrested Map because of that. Map went to court and appealed. In the end, justice had been served because the "material" the police obtained was illegally obtained, making the case end. The rule that saved Map was the Exclusionary Rule stating that anything police find that does not have anything to do with what the search warrant says has to be excluded from the case. The question here is should people allow police to go into their homes and search for whatever they want without a warrant? The answer is no. First of all, when the police do come to a house, they don't just politely knock and wait for somebody to answer. They break down the door and make a mess of the house. If people are innocent, why should they have to get their door knocked down ... Get more on HelpWriting.net ...