Warrantless Warrant

528 Words2 Pages
bulb-icon

Recommended: How does technology apply to criminal investigations

I think a way we can assist our laws with keeping up with the advancement of technology is to allow police officers to obtain a digital paperless warrant on an official police agency phone. We see technology advancing at an extremely quick rate; we know our laws are barely able to keep up with our general demands, let alone technology. So to receive a digital paperless warrant will give law enforcement an edge on apprehend a criminal when the evidence is time sensitive. Of course there are limitations on the reach police officers will have on using this tech tool. According to our The Fourth Amendment to the United States Constitution protects people’s right “to be secure in their persons, houses, papers, and effects, against unreasonable searches …show more content…

Courts have allowed warrantless searches in situations where it would be impractical or dangerous to delay a search in order to obtain a warrant. Also a warrantless search con is conducted if an incident lead to a lawful Arrest. Police officers may conduct a limited search of a person when they have placed the person under arrest. The search must be limited to the area of the person’s immediate control and be for the purpose of checking for weapons and evidence Chimel v. California, 395 U.S. 752 (1969). Police must obtain a warrant, however, to search a person’s cell phone after an arrest Riley v. California, 571 U.S. (2014). Also when an arrest involves a vehicle a police officer may search the vehicle without a warrant during the lawful arrest of the driver, but only if they reasonably believe that the person under arrest might still be able to access the vehicle’s passenger compartment, or the vehicle contains evidence relevant to the offense for which they are arresting the person. Arizona v. Gant, 556 U.S. 332 (2009).So in the middle of an investigation, instead of having to wait hours or days to search a house, car, etc. An app connected to a judge computer could send out the details of what kind of crime has taken place, the area that needs to be search, the item that is trying to be recovered. Once that information is sent out, a judge will instantly received the request for a warrant and they can either approve or deny the search

Show More
Related

  • Justice Harlan's Reasonable Expectation Test In Katz Vs. United States

    1009 Words  | 3 Pages

    A warranted search is per say reasonable. Officers may then employ various reasonable means of obtaining the information, e.g. search the content of U.S. mail, one’s house or office, or deploy an undercover agent as in Lewis v. United States (1966). They may, without need for physical intrusion as under the archaic trespass doctrine, utilize modern surveillance methods, such as electronic eavesdropping as in Lopez v. United States (1963) or heat signatures. (Solove and Schwartz 83) Under the third party doctrine, officers may obtain information that you voluntarily provide to your bank, accountant, ISP or e-mail provider as per United States v. Forrester (2008). (Ibid 197; 199) Conversely, “a warrantless search is generally considered to be per se unreasonable.” (Ibid 99) As noted in Katz v. United States (1967), “‘the mandate of the [Fourth] Amendment requires adherence to judicial processes,’ and that searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable…” (Ibid 99) Fail to meet any of the four elements and the warrant does not meet constitutional muster (see Berger v. New York (1967) wherein officers failed to stop surveillance at

    Read More

  • Essay On Exceptions To The Fourth Amendment

    1445 Words  | 3 Pages

    The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief

    Read More

  • 4th Amendment Violations

    1605 Words  | 4 Pages

    That being said, the government can still conduct searches and seizures if the follow certain steps correctly. Searches and seizures require a specific warrant written by a detached and neutral magistrate based on probable cause. 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.

    Read More

  • Fourth Amendment Essay

    587 Words  | 2 Pages

    The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.

    Read More

  • Search And Seizure Dbq

    832 Words  | 2 Pages

    The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. A warrant, a legal paper authorizing a search, cannot be issued unless there is a reasonable cause. Courts have rules that a warrant is not required in every case. In emergencies such as hot pursuit, public safety, danger of loss of evidence, and permission of the suspect, police officers do not need a warrant to search a person’s property (Background Essay). In the case of DLK, federal agents believed DLK was growing marijuana in his home. Artificial heat intensive lights are used to grow the marijuana indoors (Doc B). Agents scanned DLK’s home with a thermal imager. Based on the scan and other information, a judge issued

    Read More

  • The Government is Wiretapping You

    1485 Words  | 3 Pages

    During an arrest, the only reason an officer stops you is when you are doing something wrong and is considered a threat to the public safety. When you get searched it is customary for a search warrant to be issued before they invade but, “The Supreme Court is considering whether police may search cellphones found on people they arrest without first getting a warrant…”(John, 2014).As John L Micek from The Patriot News, cellphones are powerful computers that store sensitive personal information and more than 90% of Americans own at least one cell...

    Read More

  • Midterm Hypothetical: The 4th Amendment And 6th Amendment

    868 Words  | 2 Pages

    A search and seizure is the phrase that describes law enforcement's gathering of evidence of a crime. Under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises this also includes vehicles. Any seizure of tangible evidence, must be reasonable. Normally, law enforcement must obtain a search warrant from a judge, specifying where and whom they may search, and what they may seize, though in emergency circumstances, they may dispense with the warrant requirement.

    Read More

  • Body Cameras Are An Important Influence Of Body Cameras In Law Enforcement

    976 Words  | 2 Pages

    Body Cameras haven’t been around that long, but are making a big impact on policing. In the United Kingdom in 2005, they began testing a body camera for police officers. In 2010, over 40 areas in the United Kingdom were using body cameras. In the United States, on August 9th, 2014 in Ferguson, Missouri, Michael Brown was shot by a police officer. On July 17th, 2014 in New York, Eric Garner died while in police custody. Since these incidents, police body cameras have been a national topic. Technology is taking the world by storm, everyday there is a new, and unique gadget. Cameras are everywhere in this world. You are being recorded every day, by a camera you

    Read More

  • Use of Technology in Police Departments

    1310 Words  | 3 Pages

    Technology over the years has improved the criminal justice system. Ever since the 1960s, criminal justice systems have used technology to advance and gain a better knowledge of the different issues and encounters officers may face. Technology is used to improve the day-to-day operations, decrease operational costs and increase strategic planning and tactical approaches. Technology has opened new opportunities for the criminal justice system. There are so many new criminal activity practices, such as computer crimes.

    Read More

  • Summary: Fremont Weeks V. United States

    1367 Words  | 3 Pages

    The emergence of new and innovative technology can be used in many deceitful or secretive ways by law enforcement agencies to convict a suspect. The Fourth Amendment of the Bill of Rights has had a large influence in regulating the ways that law enforcement agencies may use technology against the everyday citizen. Technology can be used to obtain information on an individual without the individual being aware of the invasion of their privacy: e-mail accounts can be hacked, IP addresses can be traced, phones can be tapped and tracked, cars can be bugged.

    Read More

  • Technology in the Criminal Justice System

    1010 Words  | 3 Pages

    Recent advancements in technology have had a huge impact on the current criminal justice system. These new developments have made it easier for those in the field to track down criminals and help provide better evidence to support their cases. Things such as fingerprint databases, DNA testing, GPS tracking, and many other things have made it easier for prosecutors or defendants to prove their cases in court. This is very beneficial because with this new wave of technology officials are now able to provide more reliable and credible evidence in court. This current upsurge of technology will help benefit a lot people in the field. People such as law enforcement, falsely accused criminals, prosecutors, defendants, judges, the list just goes on and on. Technology has been has had a major impact on the criminal justice system, it is now been made easier to track down and catch criminals and made it so that the evidence provided at court is more reliable and credible.

    Read More

  • Are Advancements in Technology Good or Bad?

    696 Words  | 2 Pages

    One important reason that advancements in technology are bad is Personal identifying information can be found by anyone who has a computer. People’s personal information, like address and medical history can be found, because almost everything is online. ID theft is a growing problem in the United States. “The scope of ID theft has grown so quickly that it now takes up a substantial and growing portion of law enforcement resources.” This means that ID theft is becoming a big problem. Once your ID is stolen it can be very difficult to get back what you lost.“Though the costs of getting your money back have declined, victims aren't getting back all of what was taken”. This means that when people’s things get stolen over the internet, they may not get everything back that was taken.Technology is so advances people’s personal information can be accessed by anyone with a laptop, and that is something that needs to be changed.

    Read More

  • Police Corruption

    675 Words  | 2 Pages

    In the 1980’s legal tension involving police searches was a direct result of the war on drugs campaign. Officers were encouraged to stop and seize or search suspicious vehicles to put a halt on drug trafficking (Harns, 1998). But placing this aggressive approach into effect had many negative outcomes. One problem was that it put police on a thin line with the constitutional laws. To no surprise, pretty much no data estimating how often police searches fall outside constitutional laws exist. Only cases that catch the courts attention are logged into the record books. A case study held in “Middleberg” on suspect searches reports that 70 of the 86 searches didn’t result in arrest; citations weren’t presented nor were any charges filed. Just about all of the unconstitutional searches, 31 out of 34, weren’t reported to the courts, nor were they intended to be reported.

    Read More

  • Disadvantages Of Technology In Crime

    998 Words  | 2 Pages

    Throughout the years, technology has been increasing in both good and bad ways. Technology is now being used to contact people through social media, link people together through group chats, and also spy on people. Although connecting with people instantly on social media is the upside to technology usage, people often tend to share private information that can be used in the wrong way which is the downside of technology. As both technology and crime increases, technology usage is now being increased to help solve crimes. Many years ago, without the usage of technology, many aspects of a crime was not questioned or the resources to uncover certain evidence were both time consuming and/or expensive. The Police Chief Magazine list many technological improvements that have been put in place to

    Read More

  • Law Enforcement Cameras an Invasion of Privacy

    1067 Words  | 3 Pages

    Having a network of cameras on every street in the city increases the chances of preventing a crime, along with the ability to capture a criminal on video. Some people argue that the cameras generate an overwhelming amount of evidence to sift through.... ... middle of paper ... ... However, because all this technology is relatively new, there are not really any policies that have been enacted yet.

    Read More

More about Warrantless Warrant

Open Document