New PDF release: Briefs of Leading Cases in Law Enforcement

By Rolando V. del Carmen, Jeffery T. Walker

ISBN-10: 1437735061

ISBN-13: 9781437735062

This well known reference ebook briefs instances facing issues of basic value to police officers, together with briefs of vital situations within the components of cease and frisk, seek and seizure, motor vehicle searches, confessions and criminal liabilities.

  • Briefs of situations contain tablet, evidence, factor, retaining, cause and case significance.
  • Includes record of ''Top Ten'' so much Important Cases in daily Policing

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Second, the Court, relying on previous cases (specifically Whren v. United States) reiterated their precedent that the officer’s state of mind is not a factor in establishing probable cause. The Court held that the “closely related rule” violated this precedent because it would make the arrest rely on the motivation of the officer. Finally, while the Court recognized that it is “generally good practice to inform a person of the reason for his arrest at the time he is taken into custody,” that is not a requirement of law.

CASE SIGNIFICANCE: This case establishes the principle that the arrest of a suspect in another person’s home requires a search warrant for entry into the home (an arrest warrant is not sufficient), except: (1) if exigent circumstances are present or (2) if consent is given by the owner of the house. In this case, suspect Olson was an overnight guest in the home. There was no reason to believe that he would flee the premises, hence exigent circumstances were not deemed present. The Court ruled that the police should have obtained a search warrant to enable them to enter the third person’s house legally.

Concluding that the affidavit established probable cause for the search, the judge made some corrections and signed the warrant. He then returned the warrant to the officer with the assurance that it was sufficient authority to carry out the search. The ensuing search was limited to the items listed in the affidavit. Several pieces of incriminating evidence were found and Sheppard was arrested. At a pretrial motion to suppress, the judge ruled that the warrant was invalid, but the evidence was admitted based on the officer’s good faith in executing what he believed to be a warrant validly issued by the magistrate.

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Briefs of Leading Cases in Law Enforcement by Rolando V. del Carmen, Jeffery T. Walker

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