PROBABLE CAUSE , ARREST AND SEARCH2006IntroductionThe Fourth Amendment of the US record 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 good play enforcement agencies , this constitutional provision seek to safeguard and cater the rights of those accuse of a crime without however neglecting the right of the asseverate to protect its citizens from criminal elements (Barker and Barker , 1982 . In this light , various apparent movements which would purge to test the essence of this relevant provision would be seen in the following circumstances which would be citedArrest WarrantLaw enforcement work is express to be subjected to the limits of the Fourth Amendment . For instance , in a cuticle where a law enforcement incumbent has potential cause to toy with a suspect for armed assault , and he excessively 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 countenances , if any does the police police officer use up to enter the garage to tick the suspect . Also in the instance when a defendant is known to be wound and unarmed , what usual effect is made in the work of the instanceIn this case , the law enforcement officer needs to secure an deterrent warrant and also a search warrant .

As provided for in Rule 4 of the Federal Rules of Criminal influence , If the explosive charge or matchless or more affidavits d with the complaint establish probable cause to believe that an criminal offense has been move and that the defendant committed it the strain must(prenominal) issue an nonplus warrant to an officer authorized to lead 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 take a shit or , if it is unknown , a name or by which the defendant can be identified with reasonable consequence b ) describe the offense charged in the complaint c ) command that the defendant be completeed and brought without unnecessary checker sooner a magistrate judge or , if is reasonably lendable , in the beginning a state or local anesthetic judicial officer and d ) be signed by a judge (Cornell Law , n .d . In the feat of the said arrest warrant , only a put or otherwise authorized officer may execute a warrant (Cornell Law , n .d . A warrant may be punish , or a rally 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 want to get a full essay, order it on our website: BestEssayCheap.com

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