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The Fourteenth Amendment Analysis - Article Example

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The main aim of this paper is to analyze such issues as reasonable suspicion, arrest warrants, and exigent circumstances using real court cases. The author states that on a legal standpoint, reasonable suspicion must depend on the content of information under the possession of police officers, and the level of its reliability…
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Extract of sample "The Fourteenth Amendment Analysis"

Download file to see previous pages The police took notice of the car, and when they confronted her, she conceded of having cocaine. The issue under contention is whether the anonymous tip amounted to reasonable suspicion. The court was of the opinion that such an act amounts to reasonable suspicion (Engdahl, 2009).
The court was of the opinion that the basis of knowledge, reliability, and veracity are the main basis amounting to the definition of reasonable suspicion.
The anonymous caller satisfied all these conditions. The stop and Frisk search occurs when a police officer encounters a suspicious person, and to prevent an occurrence of crime, they conduct a frisk search (Engdahl, 2009). A stop amounts to temporary interference with the liberty of an individual.
The police can implement this concept, only when they have grounds to be reasonably suspicious of a person. Probable cause is a higher of the belief that is supported by facts and can satisfy the threshold of prosecuting a person to a court of law (Engdahl, 2009).
This concept is mostly used when a law enforcement agent applies for a search and an arrest warrant. The agent must prove a probable the existence of a probable cause. The Fourth Amendment protects against unreasonable searches, and entry, but gives an exemption when there exists a probable cause to conduct the search.
A valid arrest warrant must show probable cause. The Supreme Court in Carol vs. US, 1971 was of the opinion that information under the police custody providing a valid ground to believe that a crime is about to take place is an element of a probable cause (Engdahl, 2009).
The warrant must describe the place and person to be searched. Warrants must provide details of the person under investigation, and the place under suspicion. The address of the place and a vivid description of the suspected person is essential for purposes of the person from the crowd.
The magistrate who issues the arrest warrant must be impartial. The magistrate must not be a member of the executive branch, as this contravenes this law. ...Download file to see next pagesRead More
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