PROBABLE CAUSE , ARREST AND SEARCH2006IntroductionThe Fourth Amendment of the US disposition provides that The right of the people to be secure in their persons , houses , s , and effects , against unreasonable searches and seizures , shall not be violated , and no sanctions shall issue , but upon presumable cause supported by oath or affirmation and particularly describing the place to be searched , and the persons or things to be seized (Fourth Amendment , 1791 . Thus , in discordant activities of light play enforcement agencies , this constitutional provision seek to safeguard and support the rights of those accuse of a crime without however neglecting the right of the state of matter to protect its citizens from criminal elements (Barker and Barker , 1982 . In this light , various misgivings which would purge to tes t the essence of this relevant provision would be seen in the following circumstances which would be citedArrest WarrantLaw enforcement work is say to be subjected to the limits of the Fourth Amendment . For instance , in a casing where a law enforcement incumbent has potential cause to check a suspect for armed assault , and he as well has probable cause to believe that the person is hiding in a third person s garage , which is to the house , the question which comes up is what vindicates , if any does the police police officer motif to enter the garage to tick the suspect . Also in the instance when a defendant is known to be hurt and unarmed , what usual effect is made in the transaction of the physiognomyIn this case , the law enforcement officer needs to secure an hear warrant and also a search warrant .

As provided for in Rule 4 of the Federal Rules of Criminal use , If the tutelage or matchless or more affidavits d with the complaint establish probable cause to believe that an villainy has been move and that the defendant committed it the strain must(prenominal) issue an sire warrant to an officer authorized to follow out it (Cornell Law , n .d . HYPERLINK http /network .law .cornell .edu /rules /frcrmp /Rule4 .htm In the same rule it provides that a warrant must contain the following a ) the defendant s defecate or , if it is unknown , a name or by which the defendant can be identified with reasonable sure thing b ) describe the offense charged in the complaint c ) command that the defendant be suffered and brought without unnecessary sustain sooner a magistrate judge or , if is reasonably gett able , in the beginning a state or local anaesthetic judicial officer and d ) be signed by a judge (Cornell Law , n .d . In the capital punishment of the said arrest warrant , only a muster up or otherwise authorized officer may execute a warrant (Cornell Law , n .d . A warrant may be punish , or a reference served , within the legal power of the United States or anyplace else a federal statute(predicate) authorizes an arrest (Cornell Law , n .d . A warrant is executed by arresting the defendant and upon arrest , an officer possessing the warrant must show it to the defendant (Cornell...If you necessitate to get a full essay, order it on our website: BestEssayCheap.com

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