There are some fundamental differences when it comes to arrest and search and seizures when they are conducted with and without warrants. An arrest that is done with a warrant makes it easier for the police to arrest and detain an individual for a crime that has been committed. It is important f or the police to make a lawful arrest; the arresting officer(s) must have either a probable cause to arrest, or a valid arrest warrant. According to Peak (2014), “in 1980, the Supreme Court required police officers to obtain warrants when making felony arrests, should there be time to do so- that is, when there are no exigent circumstances.” It can be difficult for an officer to arrest an individual without a warrant but if the police have an official arrest warrant that is signed by the judge it authorizes the officer to arrest the person that is named in the warrant. Even a citizen can swear on an affidavit that he or she knows of certain knowledge of a person that has committed a crime and provide it to an officer. The officer will give it to a “neutral magistrate and if he or she agrees that probable cause exists” this will in turn create a warrant for that person’s arrest (Peak, 2014, p.178). An officer can make an arrest without a warrant when the crime is committed in the officer's presence . Peak (2014), adds “an arrest without a warrant requires exigent circumstances and that the officer possess probable cause.” This means that a police officer has every right to search an area if there is probable cause that a
LEADERSHIP PERSONAL ISSUES AND THE RULES OF LAW 4 crime has been committed and does not need a warrant. An officer can be given consent by an individual to enter into their home or during an emergency situation that has happened in which an arrest needs to be made immediately but only when there is probable cause the person can be arrested without an arrest warrant. This could be a problem though because “if the defendant’s constitutional rights were violated during the warrantless arrest, the defendant can challenge the arrest. However, the defense must prove the defendant believed he had a reasonable expectation of privacy in the place he entered” (Darnell, 1999). In order for a search that is done by a police officer to be considered reasonable, he or she must have a valid warrant. The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures. Unfortunately, many lawful searches and seizures that are done by officers do not have a valid warrant. When a search and seizure is performed without a valid warrant, it is considered to be presumptively invalid. There are differences when it comes to looking at the Packard’s crime-control model and the due process model in the matter of police ethics. The crime-control model believes in the presumption of guilt and the police officers work to take criminals off the street like an assembly
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