evidence 6 ppt

evidence 6 ppt - Arrests and Searches with Warrants Fourth...

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Arrests and Searches with Warrants
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Fourth Amendment places restrictions on six types of government action Arrests with warrants Arrests without warrants Searches with warrants Searches without warrants Seizures of evidence without warrants Seizures of evidence with warrants
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As a general rule, a warrant is preferred whenever it is practical to obtain one
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Search and arrest Warrant Components There are three requirements for a search or arrest warrant to be valid It must be issued by a neutral and detached magistrate Probable cause must be set forth in the warrant The warrant must conform to the Fourth Amendment’s particularity requirement
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The neutral and detached magistrate requirement is the same whether the warrant is for an arrest or a search The probable cause and particularity requirements, however, differ depending on whether the warrants is issued for a search or arrest
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Neutral and Detached Magistrate Police officers, according to the court, cannot be considered neutral and detached Same applies to any official charged with executing the law Example: in C oolidge v. New Hampshire ruled that state attorneys general cannot issue warrants
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Because such officials may be inclined to side with the police officer In United States v. United States District Court , the court concluded that the president, acting through the Attorney General of the United States, Cannot authorize electronic surveillance without judicial approval
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No executive officials can issue warrants Lo-Ji Sales, Inc. v. New York (judge obscene items) Connally v. Georgia Court held that “judicial action by an officer of a court who has a direct, personal, substantial, pecuniary interest in his conclusion to issue or to deny a warrant.” Cannot be considered neutral and detached within the meaning of the Fourth Amendment
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Probable Cause Showing Probable cause in an arrest warrant Court noted in Beck v. Ohio: probable cause to arrest when “facts and circumstances with the police’s knowledge and of which they have Reasonable trustworthy information are sufficient to warrant a prudent man in believing that the suspect has committed or was committing an offense”
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Specifically, the officer applying for the warrant must show probable cause that the person to be arrested committed the offense in question
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Probable cause in a search warrant Two elements to the probable cause showing The officer applying for the warrant must show probable cause that the items to be seized are connected with criminal activity The officer must show probable cause that the items to be seized are in the location to be searched
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Particularity Fourth Amendment provides that warrants must “particularly describe the place to be searched And the persons or things to be seized Particularity requirement is to prohibit “general warrants,” Particularity in an arrest warrant Requirement in an arrest warrant depends on whether the police actually know the suspect’s name
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This note was uploaded on 03/12/2012 for the course CJ 375 taught by Professor Jimcluphf during the Spring '12 term at Boise State.

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evidence 6 ppt - Arrests and Searches with Warrants Fourth...

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