Criminal Justice System
Professor Debra Shiftlett-Picardi
Foundations of the Criminal Justice System
Search Warrant Issue Process and Fourth Amendment Requirements
The Search Warrant is known as an order being written and issued from the officials of the court. The warrant bestows the officer full authority to find a person at a particular place while looking for particular objects and to take possession if objects are found with the person. As per the criminal court, the constitution of a specific state can be the basis on which search warrants can be sought. Search Warrants objects comprises of commission of crimes along with stolen goods and other things such ...view middle of the document...
The compartment is considered to be in the reach of John’s wingspan and hence no warrant is required here. As for the gun being found was not within the John’s wingspan so it will be excluded as it was based on unreasonable search.
2. Exception in the form of Plain View
If the police are located in the vicinity from where they can see the evidence, then no warrant is required for the police to act legitimately. Officers don’t have the right to enter a violator’s backyard, then using the plain view exception to get hold of an alligator who resides in the pool. If the officer has the right to search for marijuana in vicinity, then he can even seize the alligator which is there in the pool (Criminal Justice, 2008).
For instance consider a case where John’s neighbor calls a police when he was beating his wife. When the police enter the house under the emergency exception, they see John’s gun hanging on the wall. John gets caught up for beating his wife and for holding illegal guns.
Probable Cause & Its Standards
Probable cause should not be based on suspicion and should greatly rely on factual evidence. There are four categories in which probable cause sources cab ne placed.
This comprises of the information being obtained by the officer through the use of the five senses including the smell, hearing and sight. The category also includes dubious manners related to criminal activities such as headlights being flashes and roaming around a particular neighborhood.
This comprises of the special skills that officers have to detect gang graffiti, detecting or finding from gestures that a criminal activity will likely occur.
This comprises of the statements being provided by the victims and witness. This includes the announcements from police bulletins as well as information coming from the informants.
Evidence in the form of Circumstantial
This comprises of indirect evidence which aids in detection of crime while not fully proving it. The probable cause sources are enough in some cases while for others further information or evidence needs to be provided. If the judge wants to issue search warrants, then the probable cause must highlight that the person got involved in criminal activity and the crime has taken place.
For searches without a warrant, then its mandatory to comply with standards of probable cause is the court. Even the searches being made for a criminal cannot be made without the existence of a proper probable cause. Therefore the officers don’t have the right to lawfully carry on searching and arresting people without having the proper probable cause with them.
Searches Rationale for Warrantless Issues
The legal right is with the officers which allows them to search passenger compartments which are found in the suspect’s...