Midterm Essay questions

Masters
Essay
Law
Pages 3 (753 words)
Download 0
The Fourth Amendment of the federal laws governs criminal procedure that starts from seeking of warrants of searches, seizures, and arrest up to the judicial processes. This paper seeks to discuss legal issues in criminal procedure through exploring a case study.
Search or…

Introduction

The authorities must convince the courts that the informant is reliable. Another necessity for issuance of a warrant is the informant’s rationale that has led to conclusion that the suspect is about to commit a crime or is in the process of committing a crime. In the case, Suzan informs the police in California that two suspects are about to transport heroin. The police then inform their counterparts in Chicago. The basis for a warrant by the Chicago police therefore meets the essentials for a warrant. The source, being a police force is trusted for truth and reliability and therefore forms a basis for issuance of a warrant (Carmen, 2009).
The fourth amendment defines a search as a substantive breach of personal right of privacy. Further, application of technology to advance police activities with respect to search have been considered as searches. This was held in the case of Kyllo v United States. Use of police dog for detection is also considered as a search unless the dog sniffs from a far distance. The use of a police dog can therefore be considered as a technological act to constitute a search (Carmen, 2009; Meeker, 2004).
The general rule is that searches are supposed to be made after a warrant has been issued by a court. There are, however, exemptions to this rule and the police can legally search a personal vehicle without a warrant. Such exemptions include “searches with consent, special need beyond law, exigent circumstances, stop and frisk and motor vehicle” searches (Carmen, 2009, 204). All these exemptions allow the police to make a legal search on Tom’s vehicle. There was for example an initial consent, by the suspects, for the search. Further, the actual detection of a suspicious material in the car trunk was an instant event. The police can also argue that it was a stop and frisk exercise since the car driver behaved suspiciously in a deserted area. The law also allows the police to make ...
Download paper
Not exactly what you need?

Related papers

Midterm essay questions
There were many recommendations under this report which eventually were used in setting policy on the prevention and management of crime (Walker, 1980). Through the commission, a systems approach to criminal justice was employed and an improved coordination for law enforcement officers, courts and correctional institutions was also established. The criminal system is based on the creation of laws,…
10 pages (2510 words)
Final Essay Questions - Law
Both these scripts have almost similar concept that an offender should give “life for life, eye for eye, tooth for tooth, hand for hand and foot for foot”. Many old scripts and various religious dogmas have considered death penalty as an effective punishment and have justified that death penalty only can give greatest justice to the victim who has been murdered or killed. Arguments against the…
9 pages (2259 words)
The Fourth Amendment of the federal laws
This paper seeks to discuss legal issues in criminal procedure through exploring a case study. Question 1: Quality of evidence and arrest warrant Search or arrest warrants are given to law enforcement officers by a court. Sufficient evidence, that meets a threshold for probable cause, must however be given by the police. The first proof for sufficiency of evidence, according to the case of…
3 pages (753 words)
Midterm
However, as time went by, the rifles become widely recognized, and now citizens all through the United States can own one just by filling out a permit form. This has seen the crime level all over the United States increase more than any other nation out there (Alpers, 2012). This paper will draft a law to the House of Representatives in an effort to restrict the American law regarding the…
7 pages (1757 words)
Essay questions
In many cases female candidates with many years of work experience and efficiency were not allowed to be promoted only because of the reason that they were females. The ability of the female correctional officers will often be questioned by the administration and they are always doubted by the male co-workers. The female correctional officers will have to work extra hard to prove themselves.  …
5 pages (1255 words)
Essay Questions
The people who follow fascism actually believe that the war, political violence actually etc mean towards the attainment of the national rejuvenation. The fascist ideology consistently believes in invoking the primacy. Leaders like Benito Mussolini and Adolf Hitler were actually the believers of the fascist principles and thus claimed undisputable power in Italy and Germany. Fascism also borrowed…
10 pages (2510 words)