Arrest, Search Warrants and Probable Cause
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1. The United States Supreme Court has held that normally, a police seizure of either evidence of a crime in a constitutionally protected area or a possible criminal defendant must be based on probable cause e.g., Illinois v. Gates 1983. Furthermore, the Court has repeatedly stated that a government search or seizure on private premises without a warrant is presumptively unreasonable under the Fourth Amendment unless it falls within one of the "carefully delineated" Welsh v. Wisconsin, 1984 exceptions to the Fourth Amendment warrant clause. Strong policy interests in preventing possible abuse by government agents support the Court"s insistence...
frown upon incomplete or poorly conducted investigations, due to the risk of ignoring potentially exculpatory evidence. Courts also have prescribed that police officers must be "thorough" . It is well established that once probable cause exists, there is no duty to investigate further. Additionally, officers must "reasonably interview witnesses readily available at the scene" of the crime. Therefore, in our case an officer should analyze evidence for probable cause by interviewing Mr. A who is probably a witness and checking Mr. B's alibi. After that an officer can decide whether there is probable cause to search or to arrest.
frown upon incomplete or poorly conducted investigations, due to the risk of ignoring potentially exculpatory evidence. Courts also have prescribed that police officers must be "thorough" . It is well established that once probable cause exists, there is no duty to investigate further. Additionally, officers must "reasonably interview witnesses readily available at the scene" of the crime. Therefore, in our case an officer should analyze evidence for probable cause by interviewing Mr. A who is probably a witness and checking Mr. B's alibi. After that an officer can decide whether there is probable cause to search or to arrest.
Capital Punishment is an Unlawful and Ineffective Deterrent to Murder The United States is one of the few countries left in the world to practice the savage and immoral punishment of death. Retentionists argue that the consequence of death prevents people from committing the crime of murder. It is...
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Dear Legislator, I am writing on behalf of my thoughts and myself about gun control laws. My position on this topic is neutral leaning towards the "No Gun" law. The idea of a federal law to ban these guns is a good idea, but it could be better. I believe...
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When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making...
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In the United States, true equality has never existed. From the Declaration of Independence to modern times, the U.S. legal system has failed in any attempt at equality. The ideology of "all [men] are equal but some [men] are more equal than others" has been present throughout the history of...
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Gun violence is one of the most serious problems in the United States. Each year in the U.S., more than 35,000 people are killed by guns, a death rate much higher than that in any other industrial nations. In 1997, approximately 70 percent of the murders in the United States...
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