PROBABLE CAUSE , ARREST AND SEARCH2006IntroductionThe Fourth Amendment of the US personality 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 divers(a) activities of ordinary play enforcement agencies , this constitutional provision seek to safeguard and aliment the rights of those accuse of a crime without however neglecting the right of the carry to protect its citizens from criminal elements (Barker and Barker , 1982 . In this light , various forefronts which would purge to test the es sence of this relevant provision would be seen in the following circumstances which would be citedArrest WarrantLaw enforcement work is verbalize to be subjected to the limits of the Fourth Amendment . For instance , in a face where a law enforcement incumbent has potential cause to entertain a suspect for armed assault , and he too 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 rationalizes , if any does the police police officer admit 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 carrying out of the secondIn this case , the law enforcement officer needs to secure an pinch warrant and also a search warrant .

As provided for in Rule 4 of the Federal Rules of Criminal act , If the mission or matchless or more affidavits d with the complaint establish probable cause to believe that an iniquity has been move and that the defendant committed it the strain must(prenominal) issue an take prisoner warrant to an officer authorized to discharge 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 prepare or , if it is unknown , a name or by which the defendant can be identified with reasonable induction b ) describe the offense charged in the complaint c ) command that the defendant be interferenceed and brought without unnecessary suss out sooner a magistrate judge or , if is reasonabl y forthcoming , in the beginning a state or topical anesthetic judicial officer and d ) be signed by a judge (Cornell Law , n .d . In the instruction execution of the said arrest warrant , only a marshall or otherwise authorized officer may execute a warrant (Cornell Law , n .d . A warrant may be punish , or a mention served , within the legal power of the United States or anywhere 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 inadequacy to get a full essay, order it on our website: BestEssayCheap.com

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