Assignment Unit 4
Candace House
CJ140
March 26, 2013
Assignment Unit 4
There are two legal terms “search” and “seizure”. The legal term search means to examine another's premises to look for evidence of criminal activity. Under the 4th and 14th Amendments it is unconstitutional for law enforcement officers to conduct a search without a "search warrant" issued by a judge or without facts which give the officer "probable cause" to believe evidence of a specific crime is on the premises if there is not enough time to obtain a search warrant. The legal term seizure means the taking by law enforcement officers of potential evidence in a criminal case. The constitutional limitations on seizure are the same as for search. Thus, evidence
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This is called probable cause. An example of this would be if someone was at the store and they had slipped something into their pocket and another customer or associate had seen them do that then they could call the police. When the police arrive they would have probable cause to believe that person had committed a crime so legally they would be able to search the perpetrator. The witnesses gave the police enough probable cause.
There is an ethical side to this story because there may be the possibility that the store associate or customer had lied and said that they stole something when they really had not. Sometimes if there is a conflict between two people one person might say something bad in order to get the other person into serious trouble. In a case like this then there would be some serious issues that come into play. The person that is accusing the wrongdoer would get into trouble for false accusations. Then again they may also be correct and that person may be guilty of stealing items in the store. It is helpful when there are cameras involved that can be reviewed so that there is more evidence to suggest whether or not a crime had been committed. It just goes to show that no matter what the situation is the police always need to look at both sides of the situation.
References http://www.yale.edu/ynhti/curriculum/units/2000/2/00.02.04.x.html Harr, J. S., Hess, K. M.. Orthmann, C. (2012). Constitutional law and the criminal
Stress, we all have it in our lives and for some of us it affects us in ways we do not even realise it. This causes me great discomfort as this leads me to not even have the ability to begin my tasks as I am concerned about how I will be able to complete it on time. Once I am able to resolve this predicament I will be confident enough about accomplishing all my tasks and concluding these tasks to my best effort.
Genetics and DNA provide the structure for living and in a social context in our everyday experiences in the world. By giving us a better understanding on describing human evolution. I believe that both genetics and DNA has challenged my conception of what it means to be human. The reason being is that throughout time science has been able to use technology that allows people to use genetics and DNA to create what they would call a “perfect human”. By that I mean a couple who is unable to conceive can get to a sperm bank and literally pick and choose how they want their child to look like. Another thing science has been able to do is cloning of others.
1. Weather is the current state of the atmosphere. Climate is the long-term weather conditions for an area or region. Some examples of weather will be tornadoes, hurricanes and flooding. When it comes to climate common examples will be tropical, polar, marine, and Mediterranean. The difference between weather and climate is that climate is a long-term weather. We can say that climate is like the “official” weather of the region or country. For example, in Dominican Republic, our climate is tropical. On the other hand, weather is the current situation on the region or country.
Search and seizure started in the Colonial Era when England was ruled by King George. He passed many bills to collect large amounts of revenue from the American colonies. The colonists began to smuggle goods to avoid the taxes from the King. After finding out that there were goods being smuggled King George created legal search warrants called “writs of assistance.” Britain’s authorities could enter one’s home or property without any reason for doing so. They could also interrogate anyone about certain goods and use force to make others cooperate. The American colonists did not like these search and seizures and was one of the factors contributing to the American Revolution.
Matthew is a conscientious, hard-working student. He has been very dedicated this year to learning each topic in the course especially programming. This level of commitment will no doubt give great dividends in the future. He is very good at meeting deadlines, and he always does his work to a high standard. All he needs now to gain endorsement in this subject is complete the externally marked Computer Science report to a high standard.
Prior to the development of DNA technology and the sequencing of organismal genomes, Charles Darwin suggested that the “tree” of life can be traced back to a single root (Koonin and Wolf, 2012). While Darwin’s theory was primitive, it laid the groundwork for the phylogenetic trees that are currently studied in science classrooms around the world. The three-domain tree, containing Eukarya, Archea, and Bacteria, soon became too simplistic due to the realization that some bacteria possessed the ability to exchange genetic information by horizontal gene transfer (Koonin and Wolf, 2012).
On Friday July 10 2015, Blank looked at her cellphone, I assumed she had received a picture from someone, from her respond from looking at her phone. After she received the the picture she began to ask around the medical record chart room , did anyone. Want to see the picture she had. Received. I decline, due to her actions concerning the picture. She proceeded to ask other staff member did they want to see the picture and majority of the staff members looked at it. Once I realized what type of picture they. Were looking at I told her to stop that madness and she should put it away or delete it. I assumed she felt it was ok to show the picture, because she had been conversing and laughing with them all day. I personally do not indulge in showing
Search and seizure are used when a police officer or other law enforcement agents suspect that the crime has occurred, thereby they decide to search convicted person and his property in order to acquire
Another major factor that plays into search and seizure etiquette is the warrant. A warrant is the written authorization of a judge to perform an otherwise illegal action such seizing a person or thing. Two of the most common warranted associated with law enforcement action is the arrest warrant and search
A search is defined as the exploration or examination of an individual’s house, premises, or person, to discover things or items that may be used by the government for evidence in a criminal prosecution. In order to have a lawful search a search warrant is required but before a search warrant is issued, it must first, meet four criteria. As stated in the constitution for a warrant to be issued, a search must be based on probable cause. The second requirement is that it must be supported by an oath or affirmation. The third requirement for a search warrant is that it must be signed by a neutral and detached magistrate. In addition to the neutrality requirement, the magistrate must also be able to independently make a determination of probable
Person: At the point when an officer watches unexpected behavior which heads him sensibly to reason that criminal action may be in the air, the officer might quickly stop the suspicious individual and make sensible request went for affirming or scattering the officer 's suspicions.
The requirements of a police officer obtaining an impartial Court ordered search warrant have become a little blurred. It will be easier for the police to decide not to obtain a search warrant when they themselves deem that they have probable cause to believe drugs may be in a home. The U.S. Supreme Court has ruled that when the police think they smell marijuana coupled with the sounds of what they believe could be the destruction of evidence, is reason enough for them to gain forced entry into a home without a search warrant while claiming probable cause and exigent circumstances.
Meeting the standard of probable cause requires a demonstration to the judge or magistrate that a crime has occurred, or is occurring and that evidence relative to that crime will be found at a particular location. The investigator must swear, under oath, that the information establishing a probable cause is true to the best of is or her knowledge But in certain cases getting a warrant might take time so based on reasonable suspicion police can go ahead and still conduct the search. The police can conduct searches using numerous ways such as first-hand information if someone tells them you have something your not suppose to based on that information they can go ahead and conduct a search.
“A search is an examination of a person, place, or vehicle for contraband or evidence of a crime” (Harr, Hess, Orthmann, & Kingsburry, 2015, p. 198). Searches are essentially invasions of someone’s privacy and, therefore, are stringently regulated by the Fourth Amendment. “A seizure is a taking by law enforcement or other government agent of contraband, evidence of a crime, or even a person into custody” (Harr et al., 2015, p. 199). The Fourth Amendment also closely regulates seizures. The Fourth Amendment prohibits unreasonable searches and seizures and demands that any search or arrest warrant be founded on probable cause.
When reviewing the probable cause definition, Swanson et al (2012), state that “probable cause is more than one suspicion but less than actual knowledge. It is suspicion plus facts and circumstances that would lead a reasonable person exercising ordinary care to believe that a crime has been, is being, or is about to be committed” (p 24).