Persuasive Essay On Affidavit

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Not every American Citizen knows their Constitutional rights, in fact, they may know some but not all their rights like having the right to feel secure in their persons, houses and papers. The fourth Amendment actually prohibits unreasonable searches and seizures. But do Citizens know when is ‘ok’ for police officers to actually search their home, car, and other personal stuff? Before a police officer searches anything someone owns they must have reasonable grounds that they will find any type of drugs, weapons and or any ‘stolen goods’. If a serious violent has occurred, the police may enter and search without having any reasonable suspicious or any warrant.
In Abby’s and Bobby’s situation there was reasonable suspicious to arrest Abby. This
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This statement is required for police officers to search and seized a home, vehicle or a property. The officers, when writing an affidavit need to note facts while supporting their facts with probable cause. If the person writing the affidavit provided false information and continues with the affidavit process he or she can face harsh consequences. The information that the affidavit contains is based with facts and knowledge about what was discovered at Bobby’s home as well as what was heard, said, and or seen. The officers observation of criminal activity or any suspicious would be added. No opinions will be written down unless they are statements or comments made by the suspects. Relevant information will be provided as well as information that will persuade the judge to provide the officers with a search warrant. By the end of the affidavit a conclusion should be reach based on the facts provided from the home. For example, address, name of the suspects, case number, occupation, immigration status, the identification of the person writing the statement and all the facts found, seen or heard, like, drugs, weapons, and any statement made by the suspects. After that a signature will be included and notary would be…show more content…
The next step for the officer that observed the baggie of Marijuana and the bong would be to enter the home. The reason for this is because there are plenty of exceptions for a police officer to enter a home, without a warrant or without consent. First would be if the items were in plain view: Meaning if an officer is at your property, in this case for a domestic call, or if the officers are there for a valid reason and the officer see’s marijuana or any criminal objects on plain view or in plain sight (table, coffee table, kitchen table, counters) then the search becomes valid and the stuff can be seized as evidence and the evidence cannot be suppressed. Next exception would be open field’s doctrine: familiar to the pain view; but some what different. If a Marijuana plant is discovered in an ‘open field’ (almost like plain view) the owner or owners have no exception of privacy even if you can prove that officer were trespassing when the ‘objects’ were found. This is because the supreme court states that all citizens do not have a ‘reasonable’ exception of privacy in open fields since the 4th amendment only protects the person, house, papers and it doesn’t extend to any open fields. Furthermore, exigent circumstances: Is if a police officer respond to a domestic
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