However, even if they had a warrant, the entering would still in all likelihood be considered an illegal search and seizure. All warrants must be proper. In order to be proper it must be based on probable cause. There is no probable cause that the embezzlement was occurring inside the home, thus the entering of the home lacks probable cause and the warrant is not proper. However, even if a warrant is not proper it may still be valid under the fourth amendment if certain warrantless search exceptions are met. These exceptions include: incident to a lawful arrest, automobile search, plain view, consent, stop and frisk, and while in the hot pursuit of evanescent evidence. Clearly, none of these exceptions apply to the case at hand. For this reason, the law enforcement officer's decision to enter the home is an invalid search under the Fourth Amendment of the Constitution of the United States.
The process of purchasing property is essentially a contractual agreement and thus must meet the elements of the law of contracts. In order for there to be a valid...
Criminal Law Foundations Evaluation Criminal Law Foundations Paper Constitution signifies different political contexts safeguarding the well-being of the citizens, as well as, the convicts in the state. The constitution gives an integrated model of a republic that dictates the roles, responsibilities of different arms of the legal and criminal justice system that ensure social equity and coercion. It is recognizable that each state has a unique political system characterized by "checks and
Criminal Law When can an actus reus be a failure? Actus reus generally involves three elements: (1) a voluntary act or failure to perform an act, (2) that causes, (3) a harm condemned under a criminal statute (Chapter 4: Actus Reus, p. 39).The general basis for imposing liability in criminal law is that the defendant must be proved to have committed a guilty act whilst having a guilty state of mind. As a
While Louie, Billy, and Smokey can all be charged with federal crimes in relation to the bank robbery, Billy can also be charged with the murdered of his estranged wife. In the case of his murdered wife, the state would be responsible for pressing charges for that crime because the murder was completely separate from the bank robbery. Just because it happened on the same day as the robbery,
Criminal Law Every country regardless of its size and location has some form of criminal law existing. This law helps the country define punishable offenses and includes country's stand of such concepts as self-defense, necessity, insanity, negligence, and complicity. Criminal law is clearly written law in other words, it is a codified law. In the United States this codified law is known as the Model Penal Code which has helped in
Criminal Law Title and Citation The type of case that was selected is Fisher v. Texas. ("Fisher v. Texas") (Wermeil) Type of Action It is an affirmative action case that originated in U.S. federal court and was decided at the U.S. Supreme Court in 2013. Currently, the U.S. Fifth Circuit of Appeals is addressing the issues presented by the Supreme Court. As compensation, the plaintiffs are seeking out: monetary damages, a change in the
Criminal Law The Elsa Daniels Case Should Elsa be exonerated due to her intent to return the money and her good motive? Intent to Return: In criminal law, a person cannot be exonerated of embezzlement, even if the embezzler intended to return the property later. Only in case of larceny, the law in several U.S. states allows the taking of another's property without permission and then returning it within a reasonable time. In
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now