CHECK THESE SAMPLES OF The Justification for Warrantless Searches
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.... Additionally, it will describe and discuss at least two types of searches that do not require a warrant, providing examples and the rationale for allowing warrantless searches, and further explain if all searches require probable cause.... This assignment "From Arrest to Adjudication" focuses on the Fourth Amendment of the United States Constitution that states that people have the right to be safe in their houses, effects, and papers, as well as against unreasonable searches and seizures....
10 Pages
(2500 words)
Assignment
Parlor owners contested the constitutionality of the ordinance, claiming that the warrantless search provision violated the Fourth Amendments' prohibition of unreasonable searches.... Court of appeals held the searches to be unconstitutional; City appealed.... Rule of the Case: The right against unreasonable searches exists under the Fourth Amendment but an exemption from the search warrant requirement exists for administrative inspections of closely regulated industries....
8 Pages
(2000 words)
Essay
econdly, the suggestion that the inadvertence requirement allows the police officer from carrying out general searches is not persuasive enough.... Prohibition against the general warrants and searches is dependent on privacy considerations, which in this case are not implicated when an law enforcement agent with a legal right to have access to a certain item in plain view goes ahead to seize it without a warrant(Cretacci 22-27).... Most participants in the criminal justice system recognize that the warrant requirements not only describe the things that are to be seized, but also protects the privacy interests by prohibiting general searches....
2 Pages
(500 words)
Assignment
For search warrant to be issued, the court must be satisfied that the officer's description in the warrant application about the items connected to the crime he is investigating with the justification of the belief about their existence and place at which the items could be found.... Fourth Amendment prohibits unreasonable searches and seizures of people's “persons, houses, papers, and effects” without a warrant that a police cannot obtain without a warrant followed by his oath or affirmation, and especially with a description of the place the police....
2 Pages
(500 words)
Essay
warrantless searches can be made where arrests are lawful and such searches are incident to such arrests.... The Fourth Amendment to the United States provides that 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched'....
13 Pages
(3250 words)
Case Study
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.... The Fourth Amendment of the 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.... Earlier on many searches were conducted without any justification and therefore, the fourth amendment was formed to guard against police intrusions....
10 Pages
(2500 words)
Essay
Retrospectively, in the early days of automobiles, the courts created exceptions for vehicle searches stating that a vehicle may be searched without a warrant being required owing to the mobility of a vehicle which may allow them to be swiftly removed from a jurisdiction.... Under the fourth amendment, a warrantless search of a motor a vehicle can be allowed based on certain exceptions that are contained therein....
6 Pages
(1500 words)
Research Paper
From a Christian point of view, it is clearly evident that allowing the police to do warrantless searches is unnecessary and is likely to infringe the rights of law-abiding citizens.... King (2011), a legal dispute that ended with the decision that a warrantless entry and search can be used, in the cases that the police sense that the evidence needed could be destroyed by the offenders.... During the trial of the suspects arrested at the wrongfully identified house – where the suspect had entered – the trial defendant attempted a motion to suppress the evidence collected during the warrantless search made at the suspects' apartment (O'Connor, 2011)....
10 Pages
(2500 words)
Case Study