Arrest, Search Warrants and Probable Cause
0 User(s) Rated!
0 User(s) Rated!
Words: 1699
Views: 958
Comments: 0
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.
Become a member to continue reading this essay orLogin
One of the most argued cases in the history of law is Socrates' trial. Now when examining the trial of Socrates we can see that there are two different sets of charges laid before him, the old accusations and the new accusations. During the trial Socrates encounters problems. The first...
Words: 1054
View(s): 847
Comment(s): 0
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...
Words: 3281
View(s): 634
Comment(s): 0
Explain the role of recklessness in determining criminal liability. In everyday language, recklessness means taking an unjust risk. However its definition in law is different to its ordinary English meaning and careful direction as to its meaning in law has to be given to the jury. There are two types...
Words: 1234
View(s): 841
Comment(s): 0