There are times when searches can be performed without a court ordered search warrant. These are called warrantless searches and it's the most common type of search conducted by law enforcement.
The vital word in determining a warrantless search: Reasonable. It will be up to the court in many instances to determine if the warrantless search was reasonable. Really, this boils down to the court agreeing that law enforcement's judgment to search was based on logical criminal suspicion.
If you voluntarily allow police to search your home or car, this is called a consent search. This validates a search and, as a result, turns anything law enforcement finds into admissible evidence. Officers also do not have to tell people that they can decline thus granting law enforcement, without a warrant, the right to search the home.
One of the keys here is determining who has the right to consent to the search. If roommates live in a home, courts may say that the consent of a person to search the home does not apply to the personal areas of another in the same place. If there are separate bedrooms for instance, police could only search the one used the by the person who consented to the search.
Landlords and hotel managers cannot allow searches of leased areas. Company owners can consent to a search of the company, which can include work areas. But this search is limited from personal employee areas like a locker.
It will be up to prosecutors to prove consent was given in the proper manner.
Just as it sounds. If a law enforcement officer can see evidence of criminal activity prior to entering or an initial search, then the officer is within their rights to enter without a search warrant. If an officer sees a weapon from a legal vantage point, he's allowed to proceed with a search. This is applicable to homes or cars.
The officer can't alter a normal vantage point to see possible contraband. The discovery of the evidence also needs to be unintentional. So, officers can't scale a tree to see in a window. They also need to come across evidence while already in a legal position outside or inside the home.
Police are allowed to search only the person arrested and the area where that person could acquire a weapon or could hide or destroy evidence following an arrest. And this search needs to happen during or immediately after arrest.
This allows the search to be consider "reasonable," because it is related to the arrest. Officers are allowed to use these searches as self-protection or to preserve evidence in connection with an arrest.
In other instances, warrantless searches are allowed in extreme circumstances. If the police feel someone's safety is at risk or criminal activity is occurring, and obtaining a warrant would increase those things, they can enter a home or vehicle and perform a search.
If someone is perceived to be in danger or police feel criminal activity is going on, they can enter using the emergency exception.
A recent 5-4 ruling by the Supreme Court has curtailed law enforcement's ability to perform a warrantless search of a vehicle.
If a person is cited for a traffic violation then detained in the back of a police car and poses no threat, police are not allowed to search the vehicle. Previously, warrantless car searches were allowed immediately following any arrest.
Warrantless searches can still happen if the passenger compartment was within reach of someone removed from the vehicle or if law enforcement thinks there is evidence in there. If a suspect had access to the vehicle during the time of the arrest, that also allows officers the right to check the vehicle.
Since warrantless searches are allowed in certain circumstances, people are almost always better off staying out of the way but making it clear they do not consent to the search. Remember, once in court the search will have to prove legal in order for evidence to be admissible at trial. Promptly contacting your attorney in any warrantless search situation is recommended.
A friend of mine is has problem: In 2004 her mother passed away ad left no will that is intestament, her eldest sister filed a petition in Probate Court to be Administrator of the of the Estate; The Court Granted her request- She was Orderd by the Court to disperse the remaining proceeds of the Estate of the deceased 25% four (04) ways (there are (04) remaining survving heirs, children).
There are several crucial questions: She feels (my friend) that her sister who is Administrator of the Estate failed to properly disperse equally the entirety of the proceeds of the estate fairly and retained as such to to her own benefits (less then the Cour-Ordered designated amount of proceeds.
Also the Statute of limitatations, does it have any application here with respect to to the unusual nature here of the Matter?
And is this Matter an issue for Probate Court even it is Post-Or is an issue for Civil Court? Any advice will be appreciated, thanks Vincent Elias
A test was given with the following grading criteria: benchmark 75%, 50 points awarded if the benchmark is met the 1st test. If you fail to meet the benchmark the first time, you can retake the test and receive 25 points if the benchmark is met.
After all results are in the following Monday, the instructor announces that the benchmark was changed to 70 and those who scored 70 the 1st test are awarded 50 points. I scored 68 the 1st test and 78 the 2nd test. How fair is it that a student who scored 70 both times never meeting the original benchmark receives a full 50 points. In all fairness to everyone who failed to originally meet the benchmark of 75 the 1st test, wouldn't it have been fair for the department to say: seeing how difficult it was to reach the original benchmark we will award 50 points to all who meet 70% the 2nd test. This gives everyone a fair chance at receiving the 50 points. A change was made to accomodate only some students and not all. Is this worth fighting for considering those 50 points helped students pass the entire course while others failed?
Hi i have been gaurding a exit door for almost a year now.
This job dosn't require getting sertified as a securty gaurd. (I've been trying to talk to my boss about it)
Usally when i tell people to go out and use the front door, they will have a 30sec argue and they usually just give up and walk to the front door.
I do get costomers/people who sneak in that try to egnore me and walk past me but i get in their way and ask them to leave.
I have never shouted at a customer beacause it "disturbs the peace" but if the customer/people who try to sneak in starts to yell could i call 911 and possibly get them kicked out?
so my ultimate question is if i stay as a non-sertified security gaurd then what are the do's and don'ts
and if i get sertified as a security gaurd what advatages does that give me?
please email me @ [email protected]
thank you for reading, your thoughts, suggestion and help will be more than welcome.