Criminal Law Phase 3 (ip)

Running head : CRIMINAL LAWCriminal Law Phase 3 (IP (name (university (professor (subject (dateAbstractEvery person is protected against un clean searches and gaining control of his /her person and retentivity . The validity of such search and capture argon provided for by the constitution . Any information or prudishty obtained in violation of the basic built-in rights shall non be allowed as criminal out against any personCriminal Law Phase 3 (IPUnder the tush amendment of the U .S . Constitution , the right of every citizen against un conceivable searches and seizures of their br persons , s , houses and effects shall not be violated (FindLaw n .d . The righteousness also provides that secures shall be issued only upon verisimilar pardon oneself , particularly describing the things or person to be seized and suppor ted by affirmation or oath of the complainant and witnesses (FindLaw , n .dIn that a search and seizure be valid , a guaranty must(prenominal) be issued by a neutral judicial officer , upon the determination of probable energize which is supported by an oath that the subject of search and /or seizure is a contraband or used for commission of a contumely and , visage must describe with particularity the place to be search and things to be seized (FindLaw , n .d besides , search and seizures may be done without a valid warrant in some exceptional cases provided by uprightness . Some of these cases are : bump off care incidental to arrest , which allows the arresting officer , upon reasonable article of belief , that the area where the arrest was made may harbor weapons which poses risk of exposure to those on the arrest thought (FindLaw , n .d plain hear , which allows officer to seize the things in plain view upon probable cause that the subject of seizure is contr aband drug test which is mandatory to certa! in open employees as requirement for employ and (FindLaw , n .

d vehicular searches without warrant are allowed because of the mobility of fomites , thus obtaining a warrant go away be to lateIn the last exception , the law has broadened the police author in searching of moving vehicle although the power must still be based on probable cause or on some reasonable suspicion . However , in fixed-checkpoints stops , searches may be conducted by the proper authorities even in the absence of suspicion (FindLaw , n .d . In contrast , since houses are loyal , the search activities are more strict . The compliance of obtaining a v alid warrant before search or seizure must not be violated . Any evidence obtain in violation of the constitutional right is considered a fruit of a poisonous tree and are not admissible in evidence against any party (Law , n .dEvery person orient has the right against self incrimination . In the case of Orozco vs . Texax , an criminate must not be wait questions that would cause to manifest his /her guilt . An accused is considered innocent until proven guilty in the court of law . During the interview of the law enforcer , a lawyer must be provided to the accused to protect his /her constitutional rights , and any information extracted...If you want to occupy a serious essay, order it on our website: OrderCustomPaper.com

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