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From Arrest to Adjudication - Assignment Example

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From Arrest to Adjudication Instructor name: Unit Name Abstract The Fourth Amendment of United States constitution states that people have the right to be safe in their houses, effects and papers, as well as against unreasonable searches and seizures…
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Download file to see previous pages It also defines the probable cause and explains the standard by which such a cause is met. Additionally, it also describes and discusses two types of searches where police officers do not require a warrant, explaining the rationale for allowing warrantless searches. Introduction When criminal suspects are arrested by the police, the focus turns from the criminal justice system to the court system. The adjudication process is normally complex. However, the criminals are guaranteed a hearing conducted under the procedure rules in an objective and fair atmosphere. Ideally, the process of judicatory operates in absolute equality and fairness. In ongoing pursuit of criminals, seizure and search are important in providing evidence for prosecution of criminals (Cole & Smith, 2009). Police have the power to seize and search, but the alleged criminals are protected against arbitrary and unreasonable intrusions from the police. Earlier on many searches were conducted without any justification and therefore, the fourth amendment was formed to guard against the police intrusions. The fourth amendment, states that people have the right to be safe in their papers, houses, effects, and persons against unfair seizures and searches. In addition, this right should not be violated and no warrant shall be issued, but with probable cause, only supported by affirmation or oath describing the area, persons and things to be searched and seized. Although law officers are entrusted with the power to make arrests, perform seizures and searches of people’s belonging, conduct investigations, and use of force when in duty, this power should be exercised within law boundaries and enforcement officers should not jeopardize any proof collected for prosecution. In that regard, the overall focus of this essay is to discuss the ongoing process by which a search warrant is issued and sought, emphasizing on the requirements of Fourth Amendments, define the probable cause and the standard by which the probable cause is met. Additionally, it will describe and discuss at least two types of searches that do not require a warrant, providing example and the rationale for allowing warrantless searches and further explain if all searches require the probable cause. Emphasis on searches and warrants places the judgment of a magistrate between the privacy of citizens and policemen. It authorizes the invasion of privacy only upon a case that comprises probable cause, as well as limits the invasion of the specification of the person to be seized, evidence to be sought and place to be searched (Lippman, 2010). When a warrant is issued, its validity is contested in subsequent suppression and if any evidence is found prosecution is brought. In many cases, courts refer the necessity of judicial magistrates or officers to issue warrants. The First Amendment, is not always grasped by officers and not necessarily denying the enforcement of law to support the evidences. The amendment protection requires the interferences to be drawn by a detached and neutral magistrate instead of judged by those officers who engage in competitive enterprises of search for crimes. The police officers will go about obtaining the search warrant when there are any assumptions and sufficient evidence to support the warrant as well as reduce the nullity of the amendment, leaving the homes of people secure only in police officers discretion. However, such cases do not necessarily mean that only an official or judge can ...Download file to see next pagesRead More
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