So, during a criminal investigation, an arrest occurs whereby the police has the legal and factual grounds to deprive someone’s liberty. This happens to question suspects for possible involvement in a criminal offence or if they hold any knowledge. In Spicer v Halt (1977), Lord Dilhorne stated, ‘Whether or not a person has been arrested depends not upon the legality of the arrest, but on whether he has been deprived of his liberty to go where he pleases’. This suggests, a person held against their will is arrested and in concluding whether the arrest is lawful or not has to satisfy the conditions of this. This leads to a lawful arrest is that of which is under a warrant, common law arrest and arrest under legislation.
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.
It is important that upon request, the criminal must be informed of their constitutional rights and must be allowed to exercise them. The Chief Justice Warren argues that when an individual is taken into custody, the Miranda warnings must be given. If not, the Fifth Amendment privilege against self – incrimination is jeopardized when the individual is deprived of his/her freedom. He also argues that the criminal can waive his/her rights and agree to make a statement once the Miranda rule has been given; though, a valid waiver is not presumed by mere silence. Chief Justice Warren further explained that the Miranda rule do not hamper the police in investigating crime because the general on the scene interrogation is not affected in any way.
A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage).
If a search is made without probable cause and evidence is found ,it will be found inadmissible by the court However the exclusionary rule does not apply in a grand jury proceeding, parole reversal hearing or a civil case. There are three fundamentals in the exclusionary rule; 1. An illegal action by law enforcement must occur; 2. There must be evidence present to protect ;3. There must be a connection between the illegal action and the evidence found.
Law enforcement officers are known to “hunt for property or communications believed to be evidence of crime, and the act of taking possession of this property,” also known as conducting a search and seizure. It is a necessary exercise in the ongoing pursuit of criminals. Search and seizures are used to produce evidence for the prosecution of alleged criminals. Protecting citizens from arbitrary searches, the Fourth Amendment of the Constitution is our right to limit and deny any unreasonable search and seizure. More often than not, police officers tend to take advantage of their authority by the use of coercion.
The second principle is that when searching an individual’s private home the reason should be focused on evidence to support the search. For instance, if the cops were to search the home of an individual accused of a crime any types of writings or plans that may be present in the home may be confiscated if they are deemed necessary in support of the search. The final principle is that a blanket warrant must not be used as a method of bypassing the first two principles. For example, if the authorities could not solve what kind of weapon was used or where the evidence would be located they cannot have a warrant that covers any possible scenarios in a broad range. The original notion of the Fourth Amendment was to enforce the belief that “each man’s home is his castle”
When a person violates a criminal law, society’s traditions generally demand that society should take some action against the person: an arrest should be made. In order for a police officer to make a lawful arrest he must have probable cause to justify the detention of a suspect. An arrest generally involves a person being taken into custody, where the person is not allowed to leave freely. Afterward, the accuser is taken to a local jail facility where the person is booked (Aberle, 2014). The booking process consists of recording the arrest in official law enforcement records, fingerprinting, photographing, and obtaining personal information from the suspect, such as name, address, birthday, and other identities.
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.