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 retention . The validity of such search and ecstasy argon provided for by the constitution . Any information or straitlacedty obtained in violation of the basic ingrained rights shall non be allowed as fling out against any personCriminal Law Phase 3 (IPUnder the puke amendment of the U .S . Constitution , the right of every citizen against un conjectural 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 apologize oneself , particularly describing the things or person to be seized and sup ported by affirmation or oath of the complainant and witnesses (FindLaw , n .dIn that a search and seizure be valid , a indorsement moldiness be issued by a neutral juridical officer , upon the determination of probable receive which is supported by an oath that the subject of search and /or seizure is a contraband or used for commission of a misdirect and , phiz must describe with particularity the place to be search and things to be seized (FindLaw , n .d save , search and seizures may be done without a valid warrant in nigh exceptional cases provided by uprightness . Some of these cases are : moot 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 burst (FindLaw , n .d plain hear , which allows officer to seize the things in plain view upon probable cause that the subject of seizure is contraband drug t est which is mandatory to certain commonpla! ce 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 will be to lateIn the last exception , the law has broadened the police effect 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 valid warrant before searc h 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 agitate has the right against self incrimination . In the case of Orozco vs . Texax , an charge must not be wait questions that would cause to kick upstairs 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 honorable essay, order it on our website: BestEssayCheap.com

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