It means that we have the right for privacy and the authorities have no right to search an individual unless there is probable cause. Probable cause falls under the fourth amendment which is that the police officer must have a reasonable amount of suspicion to make an arrest, get a search warrant, and seize property. In addition, if the police officers believe that there is probable cause, he or she may arrest and search an individual without a warrant. Police officers may also have a reasonable suspicion for an individual who has or will commit a crime. It is defined as more as a guess but it is less than probable cause.
1. Constable Tretiak’s conduct prior to Wayne Cashman’s arrest would be found to have been lawful. Prior to arresting Cashman, Constable Tretiak asked Cashman to hand over the marijuana cigarette. Under s 8, unlawful search and seizure of the Charter of Rights and Freedoms protects civilians from unlawful search and seizure. Constable Tretiak did not have a warrant to search Cashman, therefore, only under s 487.11, exigent circumstances of the Criminal Code, is an officer able to search a civilian without a warrant.
Nonetheless, if the defendant is caught in a hot pursuit, and after the defendant’s vehicle has been impounded by the police, the defendant and officers have the right to search it for the purpose of making an inventory of the contents in the vehicle, used as evidence. The reason for the inventory is to protect the police officer against occurring claims that the impounded vehicle was taken while in police custody. If the officer is in no danger, then he would need an arrest warrant to detain the individual and search warrant to enter his garage. If while inside the garage, the officer becomes in “hot pursuit” of the defendant and may give chance. The police officer would not need a search warrant to enter the hoe in pursuit of the
This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect.
This warrant requirement can be waived depending on the circumstances of the incident. Some examples of this include the automobile exception, emergencies, searches incident prior to arrest, and exigent circumstances. Police may also make warrantless arrests provided they have probable cause before the arrest. In this... ... middle of paper ... ...hed the car in places where contraband would not normally be found, but it had no relation to the discovery of the cocaine. The weapons found at the ranch are admissible due to the fact the agents had a warrant to search the ranch for drugs and weapons.
One of the most important amendments in the United States Constitution and which is also part of the Bill of Rights is the Fourth amendment. The Fourth Amendment protects people from being searched or arrested by police officers or any law enforcement without a reason. An officer may confront you and ask to search your house but if they don’t have a search warrant, they cannot legally pursue it without good reason and permission from a judge. Now what happens when a person is being arrested? Does the police or any law enforcement need a search warrant?
Waiting for a search warrant prevents the collection of evidence to be executed promptly, turning it over to the lab for testing. Regardless of whether or not we get granted access by someone of legal age to consent who resides at the residence or we have to wait for a search warrant to be executed, we always want to make sure the crime scene is secured. Once we are authorized to search the crime
A forcible rape you want to look at bruises semen stains or witnesses that may have heard screaming. Things like this are very important for an investigator to know to look for (Bennett & Hess, 71). As you can see there are many different steps in investigating crime scenes. It is very important that an officer follow the proper steps in an investigation. Failure to do this can result in a suspect to go free, possible charges against the department.
At this, the officers announced they were coming in and broke down the door. The police claimed they had reasonable suspicion and probable cause for the entry due to the smell of marijuana. Reasonable suspicion is determined by balancing the need of a warrantless search against the intrusion a search creates concerning the Fourth Amendment. The Fourth Amendment reads in part, “The right of the people to be secure in their persons, houses…against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause…” (U.S. Constitution.net, n.d.). The Fourth Amendments requirement of probable... ... middle of paper ... ...ay have had reasonable suspicion, but not probable cause that there is destruction of evidence.
For example, it would appropriate to obtain a DNA sample from a suspect where DNA evidence is left at the scene of a crime and the suspect's DNA in needed to prove the suspect's involvement. DNA evidence should not be colvcslected from suspects as a matter of routine. To do so will cause unnecessary privacy intrusion; in the vast majority of criminal cases DNA evidence will contribute nothing to the investigation. Thus, it would not be appropriate for Parliament to give blanket authority to collect DNA samples from all persons suspected of indictable offences. DNA should also not be collected from a suspect if investigators have no DNA evidence with which to compare the suspect's sample.