This document summarizes key aspects of Fourth Amendment search and seizure law, including requirements for search warrants, exceptions to the warrant requirement, and analyses of relevant Supreme Court cases. It discusses the reasonable expectation of privacy test, probable cause standard, and exclusionary rule. It also outlines exceptions such as search incident to arrest, automobile exception, plain view doctrine, consent searches, and inventory searches.
There are ground rules to Search & Seizure. The 4th Amendment protects you from “unreasonable search and seizures.” The police may stop a vehicle when they have reasonable suspicion to believe a traffic offense has been committed, but they must follow certain rules. If you suspect the police overstepped their constitutional authority during your search, and it was unlawful, you should consult an attorney to discuss your legal options.
There are ground rules to Search & Seizure. The 4th Amendment protects you from “unreasonable search and seizures.” The police may stop a vehicle when they have reasonable suspicion to believe a traffic offense has been committed, but they must follow certain rules. If you suspect the police overstepped their constitutional authority during your search, and it was unlawful, you should consult an attorney to discuss your legal options.
The publicity generated by the Making a Murderer series has generated a renewed condemnation for interrogation techniques that are unethical, use bullying tactics and tend to elicit false confessions. Today’s investigators must be aware of the dangers of using aggressive interrogation tactics that intimidate witnesses and compromise the quality of the information they glean from interview subjects.
The publicity generated by the Making a Murderer series has generated a renewed condemnation for interrogation techniques that are unethical, use bullying tactics and tend to elicit false confessions. Today’s investigators must be aware of the dangers of using aggressive interrogation tactics that intimidate witnesses and compromise the quality of the information they glean from interview subjects.
Fourth Amendment as a Service - Workshop - 2-21-17FourthAsAService
Slides from the Fourth Amendment as a Service Workshop held at the University of Central Florida on January 21st, 2017. Find more at www.fourthamendmentasaservice.org or @4thasaservice
Police officers often need to document "probable cause" in their reports - justification for taking action such as making a traffic stop, performing a search, or initiating some other action. This video will help you understand what probable cause is, why it's so important, and how you can incorporate it into your police reports.
Criminalistics DB1
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The United Sates Supreme Court has long established the need for law enforcement to obtain a search warrant before searching or seizing evidence. In Mincey v. Arizona and the Michigan v. Tyler the Supreme Court established the need for a search warrant when conducting searches at crimes scenes but there are exceptions to this rule (O’Connor, 2012). Police have several circumstances when a warrantless search may be conducted in one instance if there are exigent circumstances police can seize evidence without a warrant. If police believe the evidence is at threat to be destroyed they can seize the evidence without a warrant. If it is later determined their where no exigent circumstances the evidence could be excluded.
Police can also conduct warrantless searches if they have permission to search or if the evidence at the scene is on plain view to the police officer. For example if police arrive at a crime scene and notice a package of drugs sitting on a table by the window they can enter the premises and seizes the drugs because they were left in plain view. When it comes to the crime scene, however, police are restricted in their actions. Police could size evidence in a warrantless search is they chase a police suspect into a building and then search the suspect and locate contraband. The chase must be continuous, however. If the chase from the police does not begin and end continuously, meaning there are stops between the chase, the warrantless search is no longer legal and any evidence will be thrown out.
In another scenario police can enter a crime scene and seize evidence if police believe a criminal might escape if police do not make immediate entry or if the police believe the criminal suspect poses a danger to society (Corrigan, 2013). If police do not have information that allows them to reasonably believe the suspect poses a threat to society they cannot conduct the warrantless search. Police officers walk a fine line when they conduct the warrantless search and must have a reasonable belief the evidence at the crime scene could be lost or other exigent circumstances could come into play. If police officers have any question on whether or not they should conduct a warrantless search they should wait and get a warrant.
References
Corrigan, B. (2013). The Fourth Amendment of the Constitution. Retrieved August 19, 2014
from http://www.texascrimelaw.com/Warrantless-Searches.html
O’Connor, T. (2012). Search and Seizure Guide: Rules, tests, Doctrines, and Exceptions.
Retrieved August 19, 2014 from http://www.drtomoconnor.com/3020/3020lect02a.htm
Legal Issues
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Legal Issues and Constraints at Crime Scene
The crime scene yields important evidence pointing to the events surrounding the crime and pointing to the responsible party. Physical evidence is considered the .
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
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Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
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Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
2. Analysis of search and seizure cases 1. Was there government conduct? 2. Did the defendant have a reasonable expectation of privacy? Was there a warrant? Was it valid? Was there an exception to the search warrant rule?
3. Reasonable expectation of privacy Subjective - did the person an actual expectation of privacy? (personal) Objective - is the expectation of privacy one that society is prepared to recognize.
13. Wong Sun - evidence obtained from illegally seized evidence must also be excluded. This evidence is deemed “tainted.” It is inadmissible in court.
14. Courts have narrowed the scope of the exclusionary rule and the fruit of the poisonous tree doctrine.
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16. Search Warrants Warrant requirements: 1. Must be based on probable cause. 2. Particularity - the warrant must describe with reasonable certainty the place to be searched and the item to be seized. 3. Disinterested magistrate (judicial officer) - a warrant must be issued by a neutral and detached magistrate.
17. Schools School officials are considered state officials. The 4th Amendment applies to their conduct. Lesser standard - Reasonable suspicion What is needed is a reasonable suspicion of a violation of law or school rules. Lockers may be searched without a warrant. Autos in school lots may be searched without a warrant.
18. Search Warrants Search warrants conducted without a warrant are unconstitutional unless there is a qualified exception to the warrant requirements. Violations of the Fourth and Fourteenth Amendments. Evidence obtained by warrantless searches is inadmissible in court.
19. Requirements: Search Warrant Probable cause exists when facts and circumstances with an officer’s personal knowledge, and which he has reasonably trustworthy information, are sufficient to lead a person of reasonable caution that ….
20. In the case of an Arrest Probable cause: 1. an offense has been committed, and 2 . the person to be arrested committed the 0ffense. This is similar to the probable cause standard for a “bind over” after a preliminary exam.
21. In the case of a Search Probable cause: A specifically described item to be seized will be found in the place to be searched. Police officers may search for: prints, contraband, instrumentalities and other evidence. Anything for which there is a nexus between the item and criminal activity.
22. Types of Information Contained in the affidavit. Direct info – secured by personal observation. Hearsay info – received by the officer from another person (confidential informant) who is not present for questioning by the magistrate. Issue – determining the trustworthiness of the hearsay info provided by the CI.
23. Test in Michigan There must be a basis to concluded: 1. the informant’s info was credible; OR 2. the informant’s info was reliable; AND 3. the affidavit contains affirmative allegations the informant spoke with personal knowledge.
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25. A magistrate conducts “a balanced assessment of the relative weights of the indicia of reliability attending the informant’s tip.”
27. 1. the basis of knowledge prong – the credibility of the informant, and
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29. Particularity (cont’d) Items not named in the search warrant maybe seized if: 1. it is “immediately apparent” they are evidence of other crimes, and 2. probable cause exists to believe the item is connected to criminal activity.
30. Requirements: Search Warrant Disinterested magistrate (judicial officer) Warrant must be issued by a “neutral and detached” magistrate. Not a rubber stamp for the police.
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32. Required by Michigan statute and the Fourth Amendment.
33. Must wait a reasonable time for the door to be answered before making a forcible entry.
36. Modern Technology Beepers – Thermal Imaging – Aerial Surveillance – Dogs Movement and electronic detection in public areas is allowed without a search warrant. But once the surveillance is brought into the home, the Fourth Amendment requires a search warrant.
42. Detentions A detention occurs when a reasonable person would believe he is not free to leave. The police may detain a person for investigatory purposes even though they lack probable cause. To make such a stop, the police must have reasonable suspicion of criminal activity.
75. Standing Claims to enforce constitutional right may only be raised by those who have “standing” to assert them. Fourth Amendment right are personal. They may not be vicariously asserted.
