Wednesday, May 8, 2019

Criminal Procedure-Probable Cause Article Summar Essay

Criminal Procedure-Probable Cause Article Summar - Essay ExampleAccording to the US constitution, nourishment for apparent cause allow persons the right to secure their persons and property against unprovoked searches and seizures. However, there are few instances where searches and arrests can be done without authorizations. This paper will examine an article from the Seattle Times in 2008, which speaks to the sum of search warrants specifically with regard to traffic stops.The article documents the incident of a traffic stop in Skagit County in 2006. According to the article, following a unanimous notion, the court held that the olfactory sensation of pot is not equal likely cause to necessitate the arrest and search of all vehicle occupants (Jones, 2008). This article identifies warrant requirements, and the ruling sets the foundation for what may be in the offing regarding probable cause and criminal procedure.Typically probable cause regarding vehicles and occupants sho uld be affirmed by either a search warrant or warrant of arrest. However, in the case, in question, the officer conducted a warrantless search of the vehicle and its occupants in the basis of sheer smell of marijuana emitted from the vehicle. Essentially, the sheer smell of illegal drugs may not be sufficient to support probable cause as the smell of illegal drugs may linger in a vehicle for several(prenominal) days or even weeks. The officer investigating such incident may be oblige to result to additional legal outlets that allow for further investigation of the smell. The officer in question should, therefore, cede called for a search and arrest warrant on the basis of just cause, i.e. the smell as extracurricular drugs in the vehicle. This would piddle given the officer leeway to search, and detain all vehicle occupants and the latter would have been convicted much easier and without the courts current decision. This is of paramount importance as the cases patrol spokesman asserted

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