¶ … law enforcement for a number of reasons. Technically, "anyone who discloses investigative information can be considered an informant" (Osterburg & Ward, 20130, p 183). There are open or closed informants that have different motivations; anything from wanting to protect the community to trying to achieve immunity or a deal for their own participation within criminal activity. They can help prevent crimes from occurring, start the process of an investigation by prompting investigation and the acquisition of a search warrant, as well as help solidify a conviction. Informants can provide information already in their possession or help acquire new information through seeking it out for law enforcement. In cases were informants are criminals themselves, there are added issues that can complicate an informant's role in an investigation or in obtaining a search warrant. Often times, judges and juries are less likely to whole heartedly believe a criminal testifying against another in order to save him or herself from any potential persecution in a court of law. Thus, there are certain precautions and steps law enforcement should take when working with informants to acquire information used in investigations or the acquisition of search warrants. Based on precedent, the status of informants must be...
According to the 1981 Attorney General Guidelines for using informants, it is true that "the courts have recognized that the government's use of informants and confidential sources is lawful and often essential to the effectiveness of properly authorized law enforcement investigations," (Osterburg & Ward, 20130, p 193). However, "use of informants and confidential sources to assist in the investigation of criminal activity may involve an element of deception, intrusion into the privacy of individuals, or cooperation with persons whose reliability and motivation can be open to question" (Osterburg & Ward, 20130, p 193). Thus, there needs to be special care in choosing and working with informants so that their testimony can stand in court against such open questions regarding their motivations.
Right's residential property. Mr. Sight can still be held and charged on any evidence taken directly from his person, but not from the evidence secured from his private residence. Reasons Although the K-9 team alerted to the presence of drugs in Mr. Right's residence, his dwelling was not in the content of the initial warrant. There was no mentioning of anything to do with Mr. Right's residence, nor any suspicion to
The rights given under Fourth amendment are very clear and the search warrants that are issued have to clearly state the reasons for the search being conducted. The reasons must be clear, express and concise. There can be no fishing exercise. If the party concerned gives an acceptance for search after the illegal entry was done, then even the consent is tainted and invalid. What that means is that
Fourth Amendment For all Americans, the Fourth Amendment is an essential element of the U.S. Constitution that protects everyone's rights. This has influenced the way that the criminal justice system is interacting with defendants and the tactics that are utilized by law enforcement when conducting investigations. To fully understand how this is impacting society and legal proceedings requires studying various sources. This will be accomplished using academic information (i.e. books, case
Mapp V. Ohio Over the centuries, there has been considerable debate as to the application of the Bill of Rights when it comes to the states. This is because a series of court cases decided it was only relevant when it came to the federal government (i.e. Barron v. Baltimore and United States v. Cruickshank). However, with the passage of the Fourteenth Amendment, these states were obligated to follow them. This
Crime Control/Procedures The term "play in the joints" refers to flexibility within the law that allows for a certain amount of discretion to occur within the prosecution and judge. Even though there is discretion within the manner in which the Judge may interpret sentencing, procedure and rulings, there are still formal rules of law that provide for a basis for upholding the Constitution. In a given situation, for example, the Judge
Even if the torture of these people would save lives it is a slippery slope that we do not want to begin. Once we allow the torture of suspects or terrorists it could begin a landslide witch-hunt in which people who are not terrorists and have not committed any crimes could be tortured based on suspect or circumstantial evidence. While there is justified outrage at what happened in this country we,
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