Essays on Exigent

Abstract

Generally, individuals have reasonable expectations of personal privacy and discretion in their houses. Probable cause is essentially a standard by which an agent of the law seeks to apply for a warrant of arrest, conduct a personal or property search, make an arrest or perform other legal processes while contemplating criminal charges. In various jurisdictions such as the United States probable cause can also be used to denote the standard to which the grand jury considers that an offense has been committed (Mitchell, 2012). Basically, the right to security of persons and their property is not to be interfered without a convincing reason.

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1. The fact that new technologies such as information technologies are increasingly becoming necessarily and fundamental to how we do business, communicate, and live substantially raises the possibility of abuse by, through, and because of these same technologies. For instance, the Internet of Things (IoT) refers to a network of devices that have the ability to automatically and continuously “talk to” each other without human participation. In the classic IoT example, your house’s refrigerator monitors the amount of food you have; and when supplies run low, it will automatically contact the local supermarket to order and have delivered refills. ...

The problem has two sides. The point is that some argue that when a police officer enters a dwelling to conduct a search, the owner of a dwelling may ask to leave. Minnesota vs. Olsen is one of such cases. United States vs. Beck is another case when police officers conducted illegal search. Although, police officers managed to conduct a search, in the court it was proved that the search was illegal. On the contrary, there is a case Kentucky vs. King. Police officers tried to buy drugs from Mr. King. When they managed to do this, they followed the suspect and arrested him in ...

Floyd, et al. v. City of New York, et al

The rule of law pertaining to the Floyd, et al. v. City of New York, et al case is discussed below. The proceedings of the case raised two critical questions that had public importance. The rule of law requires that every individual and any organization to be subjected to the constitution and persons are allowed to be above the rule of the law. The issue of whether to allow the New York City Police Department (“NYPD”) to violate the Constitution of the United States is complicated because the frisks ...

The fundamental concept of the criminal justice system is to identify the conduct that can harm individuals and the community and for the state to provide an appropriate measure to prevent, control and punish criminal acts (Purpura, 1997). There are various branches in the criminal justice systems that are involved in the effective implementation of the law and to punish the offenders. Five system components of the criminal justice systems are identified namely the law enforcement, prosecution, defense attorneys, courts and corrections with each playing an important role in the systematic implementation of the criminal justice system both in ...

Introduction

The US citizens’ protection quest resulted to the enactment of the Fourth Amendment to the US constitution. The amendment was purposely brought to congress by James Madison on the grounds that the, the US people have the right of security in their houses, papers, persons and effects against unreasonable seizures and searches. This generally protected what could be reasonably considered to be private as in accordance with the law and the expectations of the US citizens (The Bill of Rights and Beyond,). The Amendment further provides that any warrant for conducting search and seizure citizens must be sanction and ...

Reasonable Suspicion

According to the Institute of Government (2002), an officer can make a brief investigative stop of an individual if he or she has reasonable suspicion of criminal activity. The same applies to traffic stops whereby an officer may randomly stop a motorist to check his or her driver’s license or vehicle registration. So did Officer Smith have reasonable suspicion? Reasonable suspicion is determined by a number of factors such as time of day or night, officer’s personal observations, the proximity of a suspect to where a recent crime has been committed, dress code, or reasonable suspicion of a traffic violation. Therefore, Officer Smith ...