Search Warrants vs Arrest Warr
How do we decide what is intrusion on an individuals life? Is it when physical or emotional harm is done to that person? But also what needs to be under consideration, is what limitations and what guidelines the official must be aware of when considering what actions to take upon that person. There are precedents and agreements that have been made before today, and these are what we must make the basis of our decision upon. The reality of the situation is that even though, the defendant has the rights to privacy and silence, the F.B.I. had not only probable cause that there were forged stamps and actual proof of the distribution of forged stamps, but also the ability to search for any object that could have caused a danger to the agents. We know the details about this particular case and we also know what the defendant feels was an intrusion upon his rights. For the record, the court feels it necessary to state the defendant's rights, but also explain the process of searches and arrests. Protected by the constitution, each individual has the right to privacy, which is explained in the fourth amendment. This right is stated but not defined by a few solid principles, they follow; the individual has the right to be secure
These three aspects of the question of the legality of the search that was conducted, take primacy over the rights and limitations of the search and the defendant. The first aspect, which was the safety of the officers, allowed the vicinity of where the suspect was to be legally searched for weapons. The agents already had hard evidence of the distribution, and facts to the probable cause that more illegal stamps would have been in the area. The last piece of the picture is that the evidence would have eventually have been found, no matter at what time, in order to have a trial which would have brought all aspects of the situation in front of the court, which incase would allow a just ruling. With these details in mind, this court will stand by what the Supreme Court ruled in previous session, and declare the search by the agents against Mr. Albert Schwartz legal, and therefore all evidence used against the defendant untainted. in their persons, houses, papers and effects. This allows for illegal or unreasonable searches, and excludes any evidence, which could incriminate that person; the second principle is a principle which clings to all rights guaranteed by the constitution and a rule of thumb that this court bases many of it's judgments by, and it is the fa
Some common words found in the essay are:
, Supreme Court, Albert Schwartz, probable cause, forged stamps, search agents, inevitable discovery,
Approximate Word count = 866
Approximate Pages = 3 (250 words per page double spaced)
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