The sample is marked with the student's ID number no names are used with the samples and sent to a private laboratory for evaluation. It ruled that, "In limited circumstances, where the privacy interests implicated by the search are minimal and where an important governmental interest furthered by the intrusion would be placed in jeopardy by a requirement of individualized suspicion" a search [or seizure] would still be reasonable.
While the officer had probable cause to believe the proceeds of the robbery as well as the weapons used in the robbery would be found in the house to be searched, the magistrate issued a search warrant for only the proceeds.
The Supreme Court ruled that no search had taken place, because there was no privacy expectation regarding an open field: Legal police searches essay question still remains, does randomly stopping cars brake the laws of the Constitution?
The contemporary meaning of the Fourth Amendment continues to unfold through decisions of the U. Under this new exception, officers are allowed to seize evidence they may discover during a pat-down frisk, when it is immediately apparent to the officer that the evidence is connected to a crime.
For example, in one case, the Court ruled that the police could install a device at phone company offices that recorded the phone numbers a suspect called.
However, they cannot bring a drug detection dog to sniff at the front door of a home without either a warrant or consent of the homeowner or resident. Bostickthe Court ruled that as long as the police do not convey a message that compliance with their requests is required, the police contact is a "citizen encounter" that falls outside the protections of the Fourth Amendment.
An area is curtilage if it "harbors the intimate activity associated with the sanctity of a man's home and the privacies of life. United Stateswhich expanded Fourth Amendment protections to electronic surveillance.
However, they may not extend the search to the vehicle's passengers without probable cause to search those passengers or consent from the passengers.
Latexo Independent School District, F. Although there was a search, there was no "state action. Such a balancing test also invites consideration of the importance of the state's interest in stopping crime and reducing violence.
While there is a judicial preference for warrants in terms of separation of powers, warrants act as a check on the power of the executive branch by the judicial branchthe U.
The lights of the vehicle are off. Law-related education LRE is a fresh approach to reducing the causes of school violence early and continually throughout a student's education.
Is the school's policy reasonable or unreasonable? But particularized exceptions to the main rule are sometimes warranted based on 'special needs, beyond the normal need for law enforcement'. There is great public debate today about search and seizure laws.
The Court agreed that the wire tap was a search under the Fourth Amendment. The premises and consequences of exigent circumstance for the conduct of a police officer and a driver.
A fashion statement with real meaning. Supreme Court, and all states are required to follow them. Van Raab, U. There are exceptions and complications to the rule, including the scope of the consent given, whether the consent is voluntarily given, and whether an individual has the right to consent to a search of another's property.
But there must be something more in the way of necessity than merely a lawful arrest. One of those people happened to be a son of Marion Stokes. Courts of Appeals for the Fourth and Ninth circuits have ruled that information on a traveler's electronic materials, including personal files on a laptop computer, may be searched at random, without suspicion.
In a school where there has been some violence, metal detectors are installed at all outside doors.The police searches are governed by the fourth amendment that provides protection against illegal search and seizure and requires that the issuing of warrants is based on probable cause.
Gould and Mastrofski focus on warrant less searches.
A legal search must be based on the concept of probable cause. Essay about The 4th Amendment. Legal Police Searches Essay - The laws of the United States can be hard to understand sometimes. The Fourth Amendment states that people have a right not to be searched without a reasonable warrant and that people have a right to feel secure in their homes.
The police ought to be granted more powers to facilitate investigation, searches, arrests, seizing and conviction of suspects. Legal hindrances that restrict police activities ought to be done away with (Shanahan,p). Simply put, the number of arrests an officer makes is a major factor used to determine his job performance.
Police officers know that the easiest way to make arrests is to find people in possession of illegal drugs, so they want to search everyone they can find. Justice Scalia also claims that it is not accurate to say that the discovery of evidence "results from" the violation of knock-and-announce, because it is the legal search rather than the premature entry that leads the police to the evidence.
CALIFORNIA CRIMINAL PROCEDURE ESSAY WORKSHOP PROFESSOR CHRISTOPHER IDE-DON UC DAVIS SCHOOL OF LAW A police officer illegally searches defendant and finds a gun. The police officer takes the gun, but releases the defendant. Later, the officer discovers that the gun is stolen a legal means, despite the illegal action, the evidence will be.Download