¶ … Fourth Amendment states that law enforcement officers need to receive permission from a legal authority in order to be able to look for evidence or seize objects that might contribute to providing information concerning a criminal act. The context of the amendment and the process of incorporation mean that it can only protect individuals when government officials are involved. It does not protect people in a situation concerning private individuals and this generates much confusion with regard to the degree to which a warrant can affect a person.
The Fourth Amendment:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
A law enforcement officer needs to convince a neutral magistrate that there is probable cause for a warrant to be released in order for the respective request to be justified. Probable cause requires evidence that can be supported by facts and this means that a warrant cannot be issued on suspicion alone. The concept practically means that a warrant requires a consistent reason in order to be issued. Suspicion needs to have a solid ground in order for it to generate a search process. "An officer can suspect that somebody is involved in a crime and that there is evidence to be found at the person's home, but without any facts to justify such a suspicion, a search warrant shall not be issued by a judge." (Galiano, 2011, p. 23) The concept of probable cause is divisive as a consequence to how it can refer to a statistical probability when...
Ideally, diversion should take place at the earliest stages of juvenile justice processing, to refer a youth to essential services and avert further involvement in the system. On the other hand, diversion mechanisms can be put into place at later stages of justice processing, to avoid further penetration into the system and expensive out-of-home placements. Efforts to keep youth out of the juvenile justice system who otherwise would be processed
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