“An arrest is using legal authority to deprive a person of his or her freedom of movement. An arrest is generally made with an arrest warrant. An arrest may be made without a warrant if probable cause and exigent circumstances are presented at the time of the arrest.” (Cornwell University) An arrest may be due to criminal or civil proceedings. In each case, the person is placed in custody or under restraint usually for the purpose of compelling obedience to the law. If the arrest is during the course of criminal procedure, the purpose is to hold the person for answer to a criminal charge or to prevent them from committing an offense. In civil proceedings, the purpose is to hold the person to a demand made against the individual. In both …show more content…
Observational evidence is what the officer sees, smells, or hears. An officer who observes a suspicious person looking into car windows while carrying a baseball bat late at night would fall into this category. Circumstantial evidence is an accumulation of facts that when viewed together imply that a crime has been committed; it is not direct evidence. An officer may call upon their expertise when gathering evidence. An example would be an officer who can read gang graffiti to conclude that a criminal activity has taken place. Evidence may also be gathered through information, like hearing a call on police radio or receiving a tip from a confidential informant. Some forms of evidence, such as circumstantial, must be supplemented by other types of evidence. However, some sources are strong enough to stand on their …show more content…
The USA Patriot Act of 2001 (Pub. L. No. 107-56, 115 Stat. 272) expanded a number of exceptions to the traditional search warrant requirements. Ordinarily a person subject to a search warrant is entitled to notice that it was issued. The USA Patriot Act allows magistrates to issue what are often referred to as “sneak and peak” warrants that do not require law enforcement to notify the person subject to the search. The act also expanded the abilities of law enforcement to install “roving” wiretaps of telecommunication devices used by individual suspects without naming specific telephone carriers in the warrant. It also allowed officers to search stored e-mail and voicemail
Financial records, library records, travel records, video rentals, phone records, medical records, and religious records can all be searched if the government states that the search is done to protect against terrorism. The act was passed after the 9/11 attack. Similarly to the Alien and Sedition Acts and the Espionage and Sedition Acts, the Patriot Act is a severe and controversial act passed in the wake of a severe and controversial event. This act is unconstitutional and disregards the personal liberties of the United States’ citizens.
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
The decision requires law enforcement officers to follow a code of conduct when arresting suspects. After an arrest is made, before they may begin questioning they must first advise the suspect of their rights, and make sure that the suspect understands them. These rights are known as the Miranda Warnings and include:
If handled with care the evidence can be the best assistance to the crime investigator and can be used as a major proof in court. To improve the investigation any detective or expert has to admit the necessity of the non-movable items observation and processing apart from the regular movable evidence collection.
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.
A short background on the laws concerning surveillance will help clear up some misconceptions on the NSA. Back in 1968, the Wiretap Act protected citizens from the government listening to their phone call...
USA patriot Act, also known as the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act was passed October 26, 2001, after the September 11 attacks on the world trade center so that intelligence agencies can find terrorist in the united states and prosecute them. The Patriot Act allows the intelligence agencies to tap into phones, emails and banking history without the consent of a judge. The federal government have unlimited authority to spy on American citizens.
Following the terrorist attacks, Congress created the Patriot Act. The act allowed law enforcement's around the country greater ability to track terrorism or possible terrorists. It expanded the governments ability to investigate and punish terrorists. This act was accepted quickly by the House of Representatives, and was passed almost unanimously in the Senate. President George W. Bush signed this act into being on October 6th, 2001. This act allows the police to have surveillance over any form of communication that could be used by a terrorist. Things that were private privileges, such as emails, the internet, and, ...
Shortly after the September 11th 2001 terrorist attacks, the US congress enacted a law, commonly known as The Patriot Act. This law enlarges the power of government and administration allowing them to obtain the personal records of any person of suspect in hopes of preventing any future terrorist act. Many of its provisions were going to expire in 2005, but Congress passed another bill named “US PATRIOT Improvement and Reauthorization Act in 2006” to reauthorize those.
The U.S. Patriot Act was set in place to better serve our country against terrorism. The U.S. Patriot Act is an Acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Acts (Lithwick). This act is to punish terrorist actions and improve law enforcement not only in the United States but also around the world. The United States Patriot Act consists of over 1,000 sections that describe the act in great detail. The sections include, but are not limited to, the power extended to the government by The U.S. Patriot Act to deport and incarcerate non citizens. With the U.S. Patriot Act a person’s phone line can be tapped, records of any and all purchases checked, and even library records searched. This Act also has sections to help money laundering, expand our country’s border protection, strengthening the extent of criminal laws and provide for people suffering from any type of terrorism acts (Huffman).
In order to understand how to compile evidence for criminal cases, we must understand the most effective types of evidence. This topic is interesting because there are ample amounts of cases where defendants have gotten off because of the lack of forensic evidence. If we believe forensic evidence is so important and it affects our decisions, then maybe we need to be educated on the reality of forensic evidence. If we can be educated, then we may have a more successful justice system. If we have a more successful justice system than the public could gain more confidence that justice will be served. In order to do this, we must find what type of evidence is most effective, this can be done by examining different types of evidence.
September 11th 2001 was not only the day when the delicate facade of American security was shattered, but it was also the events of this day that led to the violation of the rights of millions of American citizens. After relentless reprehension by the American masses on the approach that was taken after the 9/11 attacks ,the Bush administration enacted the Patriot Act on October 26th, 2001, a mere 56 days after this tragic event.The Patriot Act expanded the authority of U.S. law enforcement agencies so that they could hopefully avert future terrorist attacks. Under the Patriot Act The NSA (National Security Agency) could entrench upon the privacy of the citizens of the U.S. without public knowledge, consent or, probable cause. The particular incident which had the general public up at arms was when the NSA illicit surveillance came to public knowledge.
...dly, there should be a report on if the information acquired is used in court. This is a check on the usefulness of the information gathered by the law enforcers, and a way to monitor the proper use of the search warrant. Fourthly, a check on how the information attained is to be shared with other law based government agencies. It is a way to protect the privacy of the victim, so people do not needlessly read private documents. Finally, the public should be aware of the success or failure of the system. The people should be informed if their loss of privacy has done what it is intended to, which is to protect the country. These checks and balances of the USA Patriot Act are needed if the men and women of the USA want to feel safe.
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).
Collecting evidence from a crime scene is a crucial aspect of solving crimes. Before evidence can be seized, there must first be a court order approving the search of the crime scene and the seizure of the evidence found at the scene. Standard protocol for officers is for them to always use latex gloves, avoid plastic bags, double wrap small objects, package each object separately, and to collect as much evidence as possible. It is better to have too much evidence than to not have enough. There are countless amounts of evidence that can be found at a crime scene.