Essays on Probable Cause

Search and seizure legal procedures draw much controversy because most people have a high level of expectations regarding privacy. This high level of expectations can be traced back to England’s ‘castle doctrine’ wherein the law recognizes the right of a person to defend one’s home or property from unlawful entry (U.S. Government Publishing Office, 1992, p. 1199). Such expectations regarding privacy, however, is not absolute. In fact, the law provides that intrusion on private property can be made lawful under certain circumstances prescribed by the law. There are several provisions under the United States constitution that can ...

Introduction

Every US citizen has a right not to have their privacy unreasonably intruded into according to the Fourth Amendment to the US Constitution. Moreover, under this Amendment, search warrants shall not be issued to law enforcement officers unless there is probable cause that particularly describes the specific place that the police needs to search or the things subject to seizure. In the state of Florida, for example, the requirements of a search warrant are provided under Chapter 933 and include the existence of probable cause, search for only the property specified in the warrant, supported by an affirmation or ...

Fourth, Fifth, and Sixth Amendments to the U.S. Constitution

Introduction

The United States Constitution was framed without a Bill of Rights, and subsequent amendments came to be parts of the Bill of Rights, although this was framed amid the lack of confidence of an oppressive regime. The fourth, fifth, and sixth amendments provided rules to safeguard individual liberty. The Sixth Amendment protects citizens against unfair denials of life and liberty by ordering the federal government to give protections to all suspected criminal offenders (Chhablani, 2008).

The Fourth Amendment protects citizens against unpredictable violations of privacy by government authorities. This protects ...

Introduction

The question of racial discrimination in the legal system of the United States is a sought after topic despite limited evidence to support its existence at present. Although the nation once participated in discriminatory practices in the past, the majority of the activities ceased during the last few decades. Despite sweeping developments in recent years, the news never grows old while reporting a possible aberration. This research paper examines the evidence of data available in the books against the media reports which claim the rampant existence of racial discrimination. Each section in this research paper will raise question regarding ...

Introduction

People commit a variety of crimes on a daily basis. Some crimes are minor incidents that do not have an extensive consequence or sentence to uphold by the offender. There are crimes that are committed that are in a higher bracket and these crimes have a more serious sentence. People often commit a crime for a number of reasons. Some crimes committed were not even done by the person who was charged in the incident. There needs to be proof or evidence that can place the alleged criminal at the crime scene when it accrued. It is important that ...

Abstract

The criminal justice system in the United States provides Constitutional guarantees for all who are subject to the laws of the land. The three most controversial aspects of this system today are Search and Seizure, arrest, and interrogations. While these three aspects are the foundation of police action throughout the nation, there are several unresolved problems in how each of these processes is in use today. The presence of the law is not always the same as upholding it. The cases which made the case for the citizens are moving into obscurity with modern variations of the problems making ...

Dennys Rodriguez v the United States 575 U.S. ___ (2015)

The United States Supreme Court The Supreme Court of the United States The Judge Writing the Decision Justice Ruth Bader Ginsburg Facts of the Case/Brief Summary The main issue for the court’s determination here was the constitutionality of an extended traffic stop, search, and seizure using a law enforcement officer’s detection dog to cover areas not initially covered by the reasonable suspicion of an offence having been committed. The brief facts are that the appellant was driving in violation of the laws of Nebraska State. Officer Struble ...

Introduction

In all lifestyles, and in every species, the congregation of a select type is a common phenomenon. Despite the sophistication and technology, humankind is no different. There are unwritten criteria for all job applications, school admissions, and even military recruitment. The theory of strength in numbers runs deep among human beings since the advent divisions based on class and color. Racial profiling is the act of singling out a particular community of people to discriminate against. In the United States, racial profiling has two sides to the story. There are legitimate actions termed as racial profiling by people who ...

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There are 4 elements in the statute: the apprehender being an adult employee of the merchant probable cause detention in a reasonable manner detention for a reasonable length of time The security guard was under instructions from the employee and being an assigned personnel of a security contractor, he was thus well within his authority to apprehend Martha. The account of the act of theft by the employee was in two actions: Martha took the seat from a table and she placed her baby in it. The account was not true as she couldn’t have ...

Introduction to Law

Issue 1: Whether Glen’s reckless driving constitute negligence A prima facie case of negligence involves a harm (physical, economic, or emotional distress) that is a direct result (causation) of a defendant’s careless conduct. Negligence involves a three-pronged analysis of defendants conduct: 1) breach of a duty of care that runs afoul of a reasonably prudent person in similar circumstances 2) plaintiff injury that is direct result of this breach; and 3) whether injury to plaintiff was foreseeable consequence of this breach. For purposes of Negligence it does not matter if defendant had intent to injure plaintiff. Here, ...

The paper highlights six prominent cases of their time and causes of seizure and warrant of these cases. The facts involved in cases and courts ruling in making decisions are explained in the paper. It focuses on Mapp v. Ohio, Terry v. Ohio, Tennessee v. Garner, Carroll v. U.S., Graham v. Connor, and U.S. v Leon. According to the 4th amendment of the U.S. Constitution, people have the right to feel secure in their homes and without proper court consent police should not be allowed to breach their personal property. Furthermore, a search warrant is to be issued by ...

The Fourth Amendment is part of the United States Constitution. It protects citizens from unlawful situations and offers guidelines that must be followed in the criminal justice system. The Fourth Amendment allows people to be safe in their homes and their personal belongings to secure as well. This means that a person should be able to do as they please in their home without the legal system coming into the home. If a warrant is issued and signed by a Judge, then this gives the authority the right to enter a person’s home and search for items. “The ...

Introduction

The United States Constitution can be described as the highest law of the land. During court proceedings, the constitution is the supreme law that is applicable in determining the outcome of criminal litigation, but other laws arise from the Amendments to the Constitution. The United States Constitution often guides how the government should function, the jurisdiction of the presidency, American Congress, and the Supreme Court. It is, however, paramount to note that all American states have their own Constitutions that they enact and follow, but the federal constitution is considered the highest law that overrides other state laws in ...

Jakubowicz v. Dittemore, 2006 U.S. Dist. [W.D. Mo.]

Prior to the trial date, the parties informed the Court that they wished to present their evidence in writing. Part of the evidence included the depositions of the Director of Facility Operations for DMH, Felix T. Vincenz, and that of the Deputy Director of DMH, Linda Roebuck. They also wanted to present in writing, various terms that the parties had adopted. The Plaintiffs also presented a memo that was dated April 6, 2005, which was marked exhibit A. Schuffman who had addressed the Memo to all DMH employees had sought to ...

Question 1: Grand Jury Review and Preliminary Hearings

According to Gaines and Miller (2016), the major difference between a grand jury review and preliminary hearings is that during the former, the prosecution presents its case before a selected jury in the absence of the defendant with the aim of determining the existence of a probable cause based on the available evidence. On the other hand, during the latter, there is no jury but instead it resembles a main trial in which the prosecution is required to demonstrate the existence of probable cause before a judge. Further, whereas grand jury preview is a mandatory procedure before trial, the ...

A police officer of Baltimore County, Maryland stopped a car for speeding. Three men were on the car. Partlow was the owner and driver of the vehicle. Pringle was at the front passenger seat. Smith was at the back seat. When the driver opened the glove compartment to get the car registration, the police officer noticed a sizable amount of rolled-up cash inside. The police officer proceeded to verify the registration and check the driver’s license. Partlow had no prior criminal record. The police officer asked for permission to search the car. When the officer pulled down the ...

The United States judicial system offers certain protections for criminal suspects who are at risk of arrest or a search without a warrant. One of the most important safeguards afforded under the U.S. Constitution is the 4th amendment, which prevents government officials from illegally searching individuals or seizing property without following standard procedure. The concept has evolved over time, and the exclusionary rule is now the primary way to defend people from illegal search and seizure by government officials. However, history has shown that this is an ineffective solution because it allows those who would have been convicted to ...

Drug testing in the workplace is a mandate of the government which aims to ensure that employees are not influenced by drugs which could hamper their performance in the job, and not endanger the clients and the people that the company caters to. Drug has been one of the serious problems in the society which was found to have affected not only the vulnerable young ones, but almost everyone regardless of age. People resort to drugs for several different reasons, and most often than not, one’s venture to the use of this substance results to a longer dependency ...

In the case of Hope vs Pelzer there was inconsiderate interventions made in the treatment of a prison inmate by prison guards who treated the inmate inhumanely as he was subjected to a variety of conditions that subsequentially led to the case. The case in point involves the treatment shown to Larry Hope and the violation of the Eighth Amendment rights. The main facts of the case include that he was handcuffed to a hitching post, additionally other case facts include the facts that he was placed in leg irons after tussling with prison officers and later chained again ...

I. Introduction The Fourth Amendment prohibits the government from conducting “unreasonable search and seizures” on the public. While reasonableness depends on the circumstances, such whether the act is a search or a seizure, the United State Supreme Court has, nevertheless, determined that a reasonable governmental search or seizure of a person occurs with a warrant or probable cause of criminal activity (Miller et al., 2012). Absent a warrant or probable cause, a search or a seizure can still be reasonable if it satisfies one of a number of exceptions to the general rule. Accordingly, in the cases of Betsy ...

In every law enforcement in any country, police officers have the right to use force in the course of their work. However, the use of force is not limitless to them. The use of force should be exceptional, that is, acceptable in some cases. The use of force by law enforcement officers is strictly regulated by the law. The laws may differ from one country to another, and one should always be familiar with them. The international community has worked towards establishing a code of conduct that should be followed by all law enforcement officers in all countries. The ...

The United States has one of the most complex and fascinating criminal justice systems in the world. The reason that the United States has such a unique criminal justice system, is that the founding fathers based their principles from superior legal frameworks around the world. For example, the founding fathers were known for looking to English, French, and other European Legal Frameworks, (The United States Constitution). Additionally, the founding fathers thought to their education of Roman Law and the laws of Ancient Greece, (The United States Constitution). For this reason, the United States has a unique array of principles ...

There are different laws and regulations that guide searching a personal property. One of the permission required searching this workplace is a warrant of search. The American constitution through the 4th Amendment protects private citizens from any manner of search if the searching authority does not have the probable cause for a search (Dutelle, 2016). Therefore to search this property, there is a need to find probable cause to search this facility. As an investigation officer, there is a need to obtain a court order and a police abstract detailing the need for the search and the probable cause ...

Data Mining has created a great deal of controversy in the business world due to the fact that it violates many principles of privacy. Where we run into issues with protecting privacy is a result of the strict confidentiality laws that exist in the United States. Consumers ideally do not want companies having access to information about their purchasing patterns. Essentially, customers do not want the hassle of receiving more advertisements than they already do. Data Mining has been seen as the enemy to the consumer because in the modern age that we live in, there is not a ...