Nobody downloaded yet

When May Police Search without a Warrant - Research Paper Example

Comments (1) Cite this document
Summary
It is common knowledge to most Americans that police must have a warrant before searching someone’s property. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91% of users find it useful
When May Police Search without a Warrant
Read TextPreview

Extract of sample "When May Police Search without a Warrant"

Download file to see previous pages Besides, every time the cops suspect someone on Law and Order and every other television program, they have to stand outside the bad guy’s house or car, waiting and hoping he doesn’t run, until they can get some judge signs a search warrant. Either that or all the evidence seized is thrown out and cannot be used in court when they take the person to trial. Well, this is true to some extent and it all boils down to whether the judge thinks the police have probable cause. Those two little words, as written above have been the cornerstone of the American legal system for over two centuries and comes from a time when police and soldiers could and did enter private property without cause and certainly without a piece of paper saying they could. The Founding Fathers were fed up with these instances and were determined that American police would not be allowed to search and seize people’s possessions. ...
But that ruling did not filter down to the states. In 1957 a lady named Dollree Mapp of Cleveland was suspected of harboring a fugitive. When the police entered her residence, waving a paper they claimed to be a warrant, they did not find their suspect. Instead police found a stash of obscene material and Ms Mapp was convicted of possession of pornography. Her attorneys eventually appealed her conviction all the way to the United States Supreme Court. In June 1961 the Court issued its ruling in Mapp v. Ohio, 367 U.S. 643. That ruling not only sided with Ms Mapp in that evidence was illegally seized and overturned her individual case but some justices chided the Ohio courts and the police officers for their “Running roughshod over appellant”. (Cornell) But the biggest ramification of Mapp v. Ohio was that all of the states were likewise now required to apply the exclusionary rule. Thus, a benchmark was born, and ever since all courts throughout the country have been wary of allowing evidence obtained without a legally obtained search warrant. Indeed they have exercised such caution that police and prosecutors alike have felt frustration for almost half a century, knowing that some evidence, although somewhat shadily obtained, might withstand the appellate court system. Six years later in Katz v. United States, 389 U.S. 347 (1967) the Supreme Court broadened the scope of the Fourth Amendment. In that, Charles Katz was convicted of bookie operations based mainly on wiretaps the FBI had placed on a public phone booth Katz was known to frequent. The US Attorney argued since it was a public booth Katz did not have any reasonable expectation of privacy and this thought was upheld by the lower courts. Yet the Court sided with the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“When May Police Search without a Warrant Research Paper”, n.d.)
When May Police Search without a Warrant Research Paper. Retrieved from https://studentshare.org/law/1431924-when-may-police-search-without-a-warrant-what-are
(When May Police Search Without a Warrant Research Paper)
When May Police Search Without a Warrant Research Paper. https://studentshare.org/law/1431924-when-may-police-search-without-a-warrant-what-are.
“When May Police Search Without a Warrant Research Paper”, n.d. https://studentshare.org/law/1431924-when-may-police-search-without-a-warrant-what-are.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
ik
iking added comment 6 months ago
Student rated this paper as
I never thought 2250 words essay could be written in such a free manner. I loved the research of this essay. Will definitely use it for my own work!

CHECK THESE SAMPLES OF When May Police Search without a Warrant

In search of Respect: Examining Arrestee Satisfaction with Police

... deployed some research staff to monitor as police arrest suspects. This would eliminate the biasness of the respondents as the staff may observe some physical movements that indicate a confrontation. The researchers should also have interviewed the police to assess what they go through during arrests. References Hinds, L., & Murphy, K. (2007). Public satisfaction with police: Using procedural justice to improve police legitimacy. Australian and New Zealand Journal of Criminology, 40(1), 27–42. Myrstol, B., & Hawk-Tourtelot, S. (2011). In Search of Respect: Examining Arrestee Satisfaction with Police. American Journal of Criminal Justice, 36(4), 371-391... by the judiciary. There have been numerous researches conducted to assess the criminal...
6 Pages(1500 words)Research Paper

Without Desire in Search of Lost Time would be Nothing

...? Order No# 618071 Without desire In Search of Lost time would be nothing Introduction The seven volumes of Search of Lost Time with which MarcelProust is credited with, spin around varied themes. Are the contents of these volumes own life-experiences of Marcel Proust? No tangible answer can be given to this question. Theory captures in the texts the experience of other individuals. What he has written is massive and it could be his experience clubbed with imagination. All themes dealt with by him in the books may not exercise an identical volume of pressure on his mind. In the present essay the theme desire, as perceived by the author has been highlighted, but this is a...
11 Pages(2750 words)Essay

Writing a Search Warrant (CCJS assignment)

...?SEARCH WARRANT Affidavit Your affiant, Albert J. Cole, is a special police officer attached to the antinarcotics department for the last ten years. Your affiant has undertaken numerous investigations regarding drug trafficking for the antinarcotics department. Following these investigations, and subsequent arrests, the campaign against drugs and substance abuse has been highly supported. Following the undertaken investigations, he has also issued several search warrants for individuals and premises believed to hub individuals engaging in narcotics business. Your affiant has contributed significantly to the improvement of the antinarcotics campaign,...
3 Pages(750 words)Term Paper

Search Warrant

..._____________ d: Aug-01-2008 Situations in which a law-enforcement officer may conduct a search without obtaining a warrantA common perception in American society is that police officers require a warrant if they want to search for information which they believe is related to criminal activity. Exclusionary rule suggests that any evidence gained in an illegal search cannot be used to convict someone of a crime. On the contrary, there are circumstances and cases in which the police may conduct a search without having a warrant, for the...
11 Pages(2750 words)Essay

Exceptions to the Search Warrant Requirement

...individual" (i.e., not a governmental employee) illegally seized the evidence; When the illegally seized evidence is used to impeach the defendant's testimony. 9. Open Fields Doctrine: "Open fields" - pastures, open water, woods and other such areas may be searched without a warrant, on the basis that the individuals conducting activities therein had no reasonable expectations of privacy. Contrary to its apparent meaning, the "open fields" doctrine has been expanded to include almost any open space other than the land immediately surrounding a domicile. For instance, in Oliver v. United States 466 U.S. 170 (1984), the police ignored a...
10 Pages(2500 words)Essay

Discuss at least four situations in which a law enforcement officer may conduct a search without first obtaining a warrant. Explain when those exceptions apply

...if there was really no consent (though it was really with the consent), it could be still admissible by virtue of “inevitable discovery doctrine.” The trial court indicted the defendant on the ground that consent was voluntary. On appeal, the court held even if there was consent, since the evidence was discovered secondarily pursuant to the van search, it could not come within the ambit of the “inevitable discovery” doctrine. Moreover the consent though voluntary it was invalid since the traffic police primarily did not suspect him of criminal activity when the search was requested. (Law. Cornell). Exclusionary rule: Until 1914, the there was no recognition for the...
12 Pages(3000 words)Essay

Search Warrant Exceptions

...Running Head: Admissions and Confessions Search Warrant Exceptions By Admissions and Confessions According to Section 3501 of the 18 USC, confessions, in criminal procedure may refer “to confessions of guilt of any criminal offense or any self-incriminating statement made or given orally or in writing.” Admissions, on the other hand, refer to any confession other than that made by the accused in a criminal case. Admissions and confessions are statements which have the effect of giving adverse consequences to a person’s case. According to the case of Bruton v US, 391 US 123, confessions can be the most damaging evidence against an individual. The US Supreme Court therefore, crafted several...
2 Pages(500 words)Essay

Without

...Expenditures. (5points) A rise in the rates leads to a decrease in the planned expenditure and an increase in the unplanned expenditure. The household consumption also decreases. 4. Using whatever tools you deem necessary, explain why economists are concerned about inflation when the Fed reduces interest rates. (5 points) When the rates are reduced, there is a likelihood of inflation due to the fall in value of the dollar against the unchanged value of the real estate. The rates decrease as the cost increases. Chapter 13 5. (Figure 13.7: Yield Curves) Your brother knows you are taking a class in money and financial institutions and shows you the yield curves for December 4 and December 7, 2007. He asks...
3 Pages(750 words)Assignment

Constitutional Law: Activity Search Warrant Exceptions

...and a small chair where the interrogator sits in front of you a question and asks you questions. It is also evident that confessions are usually backed-up by evidence from DNA examinations. However, this is not the case as indicated in the article where four suspects’ DNA’s did not match the DNA found at the crime scene. There are usually mistakes made during confessions especially among the detectives charged with the responsibility of interrogating suspects. These mistakes are majorly due to the fact that some detectives may become desperate in their efforts to seek truth from clients thus coercing them to confess even in crimes they have not committed. In some cases, detectives may extort confessions...
2 Pages(500 words)Assignment

Search and/or Arrest Warrant

...personal identifiers listing HARMSTRONG as being 6’03” tall and weighing about 390 pounds. You also note that HARMSTRONG listed an alias as “Big Lance.” In my search I found a single case file in which HARMSTRONG had been arrested in an assault of former business associate, BARRIE BONDS, but I noted that BONDS did not pursue the assault charge after HARMSTRONG’S arrest. I noted that BONDS and HARMSTRONG were listed as roommates and that the arresting officer indicated that the two men may have had a “lover’s squabble.” I discovered that under the “weapon used” part of the report, that the arresting officer had indicated a “large bladed knife.” I got additional information on HARMSTRONG that listed as...
2 Pages(500 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic When May Police Search without a Warrant for FREE!

Contact Us