You own a convenience store and you have been robbed numerous times in the recent past. On Friday night, about 15 minutes before closing, a male comes in and seems to be just walking around the store and appears to be suspicious. He has his right hand in his pocket. As the male approaches the counter you grab your handgun and shoot him dead. The police arrive, investigate and arrest you for murder. The item the male was holding was his cell phone.
Your defense attorney mounts a self-defense case on your behalf. Describe the elements of self- defense that your defense attorney will argue on your behalf. Then, provide an argument as to why you will or will not prevail in court.
Describe the elements of self-defense that your defense attorney will argue on your behalf. Then, provide an argument as to why you will or will not prevail in court.
Identify and research an organization that combats internet crimes against people. (((Examples of such crimes include: human trafficking, ”
wk 3 forum 1 Dashon “When discussing search and seizures or search warrants the individuals constitutional rights are the first thing that comes to mind most considerable the fourth amendment which states “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.” Therefore, as stated in the fourth amendment no warrants shall be issued unless probable cause is present. To receive a search warrant the officers must support their showings with sworn statements (Legal Information Institute, n.d.) Therefore, a search warrant is needed once the officers believe there is probable cause and only after they submit sworn statements and are approved by a judge to execute the search warrant.
Law enforcement must have probable cause to demonstrate to a judge that they have enough suspicion to receive a search warrant. The only policy and practice required by the court to attempt to receive a search warrant is the presence of probable cause (Bowers, 2014).
The exceptions to search warrants include searches incident to an arrest, consent searches, vehicle searches, container searches, and emergency circumstances (AMU Lesson 3, 2020). Searches incident to an arrest allows a warrantless search of an arrested individual so that officer is safe, the suspect cannot escape, and to preserve evidence.