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Criminal Law
In the context of criminal law, hunches are not enough because more concrete proof is needed in order to do things like securing a warrant or gaining a conviction. When police are investigating a...
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Criminal Law
There have been two major justifications for the exclusionary rule during the time that it has existed. First, courts have justified the rule by saying that it is necessary to uphold the 4th...
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Criminal Law
I assume that you are asking about the reasonableness test that was established in Katz v. United States. In that case, the Supreme Court created a two-pronged test to determine whether a person...
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Criminal Law
Special needs searches are searches that are done without a warrant, typically by government officials who are not police officers. The Court allows such searches under three conditions: It must...
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Criminal Law
The case of the United States v. Leon involves the 4th amendment, particularly what is known as the "exclusionary rule." The question under consideration was whether evidence collected when...
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Criminal Law
This question is a little bit vague because it doesn't specify what the situation is. You're asking specifically for four things, though, and so I am going to use drunk driving as an example....
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Criminal Law
Probable cause is the level of proof that is needed before a warrant can be issued for an arrest or a search. Probable cause can be defined as facts or evidence that would be sufficient to...
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Criminal Law
There is no significant difference in these two types of probable cause. In both cases, the level of proof is the same. Probable cause is a level of proof that is above mere suspicion but is...
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Criminal Law
The significance of this case is that it helps to define when a person has been seized/arrested. In this case, the Supreme Court ruled that an arrest only happens when the person has been...
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Criminal Law
This case was significant in that it helped to define what the police may and may not do in terms of searching cars and passengers during traffic stops. In this case, Wilson was a passenger in a...
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Criminal Law
The main provision of the Constitution that can be violated by procedures used by the police to identify suspects is the guarantee of due process. The due process clauses of the 5th and 14th...
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Criminal Law
North Carolina v. Alford concerns a situation back in 1963 where a man named Henry Alford was accused of killing another person. There were no eye witnesses to the actual crime, but before the...
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Criminal Law
Most statistics show that the threat of the death penalty does not deter murderers from killing, although the stat shown in the first post is certainly interesting. Nevertheless, I support the...
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Criminal Law
Two major types of remedies against government wrongdoing in this area are the exclusionary rule and civil suits alleging torts. If the police or prosecutors act in illegal ways towards a person,...
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Criminal Law
The decision about whether to prosecute a case is made largely on the basis of the seriousness of the crime and the likelihood of winning the case. Prosecutors evaluate each case to determine...
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Criminal Law
There are a number of major exceptions to the requirement that officers need a warrant to search and seize one's possessions or to arrest a person. These exceptions include: Consent. If a person...
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Criminal Law
Terry Vs. Ohio (1968), gave light to the term "frisk". A "frisk" is a brief yet cautions examination that involves patting down your clothes. The aim is to find weapons on you. An officer can frisk...
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Criminal Law
Article 1, Section 9 of the U.S. Constitution reads as follows: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety...
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Criminal Law
The motivation of the perpetrator is a substantial factor in determining the mens rea of the actor. It is manifestly unfair to punish one who acts from desperation or the heat of passion the same...
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Criminal Law
The executive branch does not, of course, pass laws regarding crime. Laws can only be passed by the legislative branch. However, we should not understate the role that the executive plays in...
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Criminal Law
The reason for this is that parolees have, by definition, committed more serious offenses (or just more offenses) and are therefore more of a risk to society. In addition, they are still under a...
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Criminal Law
The significance of this case was that it established the idea that a person has the right to sue government agents for violation of his or her Fourth Amendment rights. In this case, Bivens sued...
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Criminal Law
The fundamental fairness doctrine is an alternative to the doctrine of incorporation. This doctrine holds that the 14th Amendment does not hold the states to the provisions of the Bill of Rights....
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Criminal Law
There are a number of characteristics or factors that a court will look at when determining if a suspect voluntarily consented to a search. They include: Whether the person was in custody at the...
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Criminal Law
The decision in this case has to do with what federal courts must do in cases where they are petitioned for a writ of habeas corpus. The courts are told in this case that they must conduct full...
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Criminal Law
I think you're asking about situations that involve "search and seizure" that are not directed by law enforcement. The trick is that such instances, though not undertaken by the police, often have...
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Criminal Law
Police officers need to obtain a warrant to arrest anyone (in a home or not) unless they have probable cause to arrest them on the spot. For example, if an officer sees a crime committed they do...
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Criminal Law
This question is one of the ultimate questions of our time: how far do we go to protect our country from terror attacks and yet preserve our own privacy? The court allows the minimal invasions of...
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Criminal Law
The major argument in favor of videotaping police interrogations is that it would remove doubts about the admissibility of statements made by the suspect. Often, defendants in court claim that...
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Criminal Law
As a casual non-leagal observer, it seems to me that the husband shouldn't, and couldn't, be charged with anything. It would be very difficult to prove intent, unless he told the clerk who sold him...
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Criminal Law
Bivens v. Six Unknown Named Agents was a case in which federal agents searched a man’s house without a warrant, establishing that a person may sue the federal government if his rights are...
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Criminal Law
It is very easy to find four Amendments to the U.S. Constitution that concern criminal law. Amendent 4: This protects against "unreasonable searches and seizures"; in other words, the police may...
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Criminal Law
The elements of the Constitution that deal with the right to a fair trial are most often brought up by defense lawyers, and are most carefully guarded by arresting officers, from the Miranda...
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Criminal Law
Not necessarily; it depends on the ability of law enforcement to make a complete investigation. This does not necessarily entail preventing a vessel from sailing, although they can do so with an...
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Criminal Law
Probable cause is needed in order for a police officer to obtain a search warrant or to arrest someone. Reasonable suspicion is needed if the officer only wishes to detain someone briefly to...
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Criminal Law
I assume that you are asking for three circumstances in which a warrantless search would be legal because of an emergency. The Supreme Court has ruled that warrantless searches are legal in such...
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Criminal Law
The scope of the good faith exception to the exclusionary rule was narrowest when the exception was first created in 1984. Since then, the exception has been expanded a great deal. In 1984, the...
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Criminal Law
I used to be a staunch opponent of the death penalty. For whatever reason, I am now sitting squarely on the fence--I can go either way. I think it should be a matter of state's rights. Let each...
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Criminal Law
This is a difficult question to answer because, from what I can find, it hasn't been well documented. Also, I have to put forth the idea that I'm a not a lawyer and perhaps someone who specializes...
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Criminal Law
The significance of recording and storing the DNA of felons depends, to a degree, on who you ask. The answer you get from most people will be that it has major significance, but they may differ in...
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Criminal Law
In English law (the origin of the reasonable doubt standard) the principle has been specifically laid out. The Supreme Court in this country has stopped short of explicating the rule, though it has...
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Criminal Law
Searches and seizures are actions that can be carried out as part of a criminal case. A search happens when the police do things like looking through a person’s belongings or listening in on their...
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Criminal Law
Lets look at what "search and seizure" means. The "search" part reflects the interest of an authority (usually law enforcement) in searching a person or corporation's belongings for evidence of...