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Thursday, November 13, 2008

Law, Justice and Society chapter 6

The purpose of criminal procedure is to balance between due proses and crime control, balance between society and individual and balance of ends and means. The criminal procedure is involved with the forth amendment which is no illegal search and seizure. The police officers should get a search warrant if they have the time to get it. When a police officer puts a request for a search warrant it is based on probable cause. The warrant must be particular to the place, person and thing to be search. The warrant must be issued by a neutral and detached magistrate. The time when a search warrant is not necessary is when an officer is searching a vehicle on public road and when officers safety might be jeopardised. The officer can search only the lunge area in the vehicle for their safety if the officer wants to search more then need consent from the owner of the vehicle. When the officer gets consent to search the person who gave consent they can always take it back and that does not give the officer probable cause to keep on searching or get a warrant. http://www.youtube.com/watch?v=nyokKFIecIo There are situations when an officer does not need a warrant to search a premises and that is open field search, open sniff search, plain view/plain touch. Those searches are not done very often because it is hard to prove that something was in plain view or it was not.
The Miranda right are one of the important thing that the officer needs to give to the person that just got arrested because with out it they can not interrogate that person. Chapter six was a really important chapter because without the knowledge of what the officer has the right to do the officer can take advantage of the situation and push the limits as far as they can. In this chapter i learned that it is okay to tell an officer that they can not do something and that will not get you in trouble.

1 comments:

Jeremy Ball said...

I graded chapters 5&6. More reflection needed. Chapter 6 was better than 5. Both could have been better.