4b_legal.aspects.of.policing.DAY2

4b_legal.aspects.of.policing.DAY2 - In framing a government...

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LEGAL ASPECTS OF POLICING In framing a government which is to be administered over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place oblige it to control itself .” —James Madison
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Fourth Amendment: General Requirements The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures , shall not be violated, and no warrants shall issue, but upon probable cause , supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Probable Cause Defined Set of facts and circumstances That would lead a person of reasonable caution To conclude a particular person has committed a specific crime
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Warrant Requirement Officer has to swear out an affidavit Affidavit must contain specific facts which constitute probable cause Neutral, detached magistrate then authorizes a warrant based on the information
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Executing the Warrant Particularity Requirement E Can’t look for an elephant in an envelope Knock and Announce Rule
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This note was uploaded on 06/02/2011 for the course CRJU 101 taught by Professor Clement during the Spring '08 term at South Carolina.

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4b_legal.aspects.of.policing.DAY2 - In framing a government...

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