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Essay / Research Paper Abstract
A 6 page research paper that addresses various search warrant scenarios. Topics addressed include the narrow exceptions to the requirement for a search warrant. The specifics of probable cause and how probable cause applies to a specific crime scenario. Bibliography lists 8 sources.
Page Count:
6 pages (~225 words per page)
File: D0_khpcswi.rtf
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Unformatted sample text from the term paper:
is injured and unarmed? The US Supreme Court has ruled that while, under normal circumstances, police officers cannot enter a persons home without a warrant, there are
a few narrowly defined exceptions to the warrant requirement (Ciminelli 23; Bulzomi 26; Geberth 46). Officers are allowed to enter a residence, without consent from the resident and without
a search warrant, when there is insufficient time to obtain a search warrant, which is the case when an officer is in hot pursuit of a suspect (Ciminelli 23). The
Supreme Court recognizes the following emergency conditions, which are to: 1. prevent escape 2. prevent harm to the officer or others; 3. prevent the destruction of evidence; 4.
hot pursuit of a criminal suspect; and 5. to render immediate aid to a person in need of assistance (Ciminelli 23). As this indicates, in order for an
entry where police have neither resident consent nor a warrant to be legal, they must have reason to believe that an emergency situation exists (Ciminelli 23). Whether or not it
is an emergency sometimes requires officers to carefully weight considerations; however, as the above listed exceptions demonstrates, the courts acknowledge that hot pursuit provides such an emergency case (Hall 65).
Also, the fact that the defendant is believed to be injured would justify the police entering the garage, according to exception #5. 2. Circumstances in which there is probable
cause to search but not probable cause to arrest. In the case of Colorado v. Thompson, officers received an anonymous call that there was a man beating his wife
in a domestic dispute (Ciminelli 23). Upon arriving at the given address, the officer saw gun shell casings in the drive and blood on the front door (Ciminelli 23). The
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