Saturday, December 28, 2019
The Fourth Amendment Laws And Crime Scene Searches
Fourth Amendment: Laws Governing Crime Scene Searches Quentin Pinet American Military University The Fourth Amendment: Laws Governing Crime Scene Searches The Fourth Amendment was written by James Madison and was thought to be the result of a strong public opinion from three separate cases in the 1760ââ¬â¢s. The cases all involved the search of anyplace for anything that was thought to be unlawful. Because of these cases, Madison was concerned with the way that searches were being done, without thought to a personââ¬â¢s privacy (Search and Seizure, n.d.). The Fourth Amendment has set forth the precedence for warrant requirements by stating that ââ¬Å"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 and the person or things to be seizedâ⬠(U.S. Const. amend. IV). While the Fourth Amendment protects citizens from unlawful search and seizure, it is no longer black and white. There are r ules and regulations that govern the Fourth Amendment expressed by the U.S. Supreme Court, but there are also exceptions to the rule as well. This paper will not only cover the rules that are required for legal search and seizures, but also those exceptions such as consent, plain view searches, exigent circumstances, and search incident to arrestShow MoreRelatedFbi Computer Analysis And Response Team ( Cart )1029 Words à |à 5 Pagesprovide computer forensics training i) The FBI Computer Analysis and Response Team (CART) ii) The Department of Defense Computer Forensics Laboratory (DCFL) 2) FALSE 3) Fourth Amendment 4) The triad of computing security includes: vulnerability assessment, intrusion response, and investigation. 5) Three common types of digital crime i) Financial fraud: This involves using credit cards belonging to third parties to undertake online financial transactions. ii) Hacking: Remotely gaining unauthorized accessRead MoreThe Fourth Amendment And The Fourteenth Amendment987 Words à |à 4 PagesCitizens are protected by two constitutional amendments, under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises (including a vehicle), and any seizure of tangible evidence, must be reasonable. 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 particularlyRead MoreSearch and Seizure The purpose for the Fourth Amendment is to protect people from intrusion of the600 Words à |à 3 PagesSearch and Seizure The purpose for the Fourth Amendment is to protect people from intrusion of the government in areas where they have a reasonable expectation of privacy. It prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances. ââ¬Å"The Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction. Surveillance and investigatory actions taken by strictly private persons, suchRead MoreThe Second Amendment Of United Nations Constitution1649 Words à |à 7 Pages1. 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Probable cause is more than a reasonable suspicion it requires that a combination of facts makes it more likely than not that items sought are where police believe them toRead MoreHorton Vs. California Case Essay1539 Words à |à 7 Pages DuPont1 Dylan DuPont 10/22/16 CJA 356 criminal evidence Week 4 final paper Horton vs. California On June 4th, 1990, Terry Brice Horton vs. California was a United States Supreme Court case in which the Court held 7-2 that the Fourth Amendment does not prohibit warrantless seizure of evidence, which is granted due to the plain view doctrine. The discovery of the evidence does not have to be inadvertent, although that is a characteristic of most legitimate plain view seizures. The victimRead MoreBurglary Of Robbery And Robbery Essay1062 Words à |à 5 Pagespermission. Depending on the stateââ¬â¢s the status of the laws for the offense of burglary can be considered a felony. Robbery is when a person has taken or trying to take something from another person that has value unlawfully by force, intimidation or even threatening that person. Robbery is different from burglary because in order for a person to commit the offense of robbery, a victim must be present at the time of the incident for the crime to occur. Depending on the states and the values of theRead MoreForensic Databases Have Grown With Our Advancements In869 Words à |à 4 Pageswith our advancements in technology that law enforcement uses a forensic DNA database that uses a method called, familial matching. Familial DNA searching looks for partial matches that can not only match the suspectââ¬â¢s DNA, but the suspectââ¬â¢s family line. This is unlike the typical DNA database that law enforcement has used for years. For that DNA database makes an exact match between the suspect of the crime and his or her DNA sample. Familial DNA searches have been found to be beneficial to PoliceRead MoreThe Issue Of Texting And Driving Essay1700 Words à |à 7 Pagesof my suspected texting and driving. The fourth amendment protects citizens from unreasonable searches or seizures, and states that no warrants shall be issued without probable cause. Unfortunately, this meant that no one could seize or search the contents of my phone, and though they suspected that I had been driving while distracted, legally, there was no probable cause that this incident was in any way connected to my phone. In the end, this amendment contributed more to the obstruction of justiceRead MoreEssay on 2.06 Forensic Science778 Words à |à 4 Pagesanswer. â⬠¢ Physical evidence is anything that can establish a crime has occurred and anything that links the crime to a criminal. Three examples of physical evidence are fibers, weapons, and hair. 2.) Describe three ways that a crime scene can be recorded. What is a benefit of each? â⬠¢ To record a crime scene, forensic scientist can use photography, drawings, and videography. Photographs are an important record of the unaltered crime scene, Drawings or sketches provides valuable information when a
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