Essay On The Fourth Amendment Safeguards

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In a case where as a law enforcement officer has to further his or her investigation to an arrest after being informed by a the victim that he was robber, and the accused are known by name and address; the police received information that the suspects are at home from a neighbor of the suspects; therefore, to arrest the suspects in their home the police must have a warrant or consent unless there is probable cause or exigent circumstances. However, since they have to interfere with the individual’s personal private property a warrant is considered probable cause to believe that the suspects have committed the crime and that the place of search holds evidence from the offense. (Hall, 2014) “The Fourth Amendment safeguards “the right of the people …show more content…
(Hall, 2014) In this situation, the suspects fled the scene, and the officer is allowed to use hearsay and circumstantial evidence from the complainant constituting a written statement of the offense; considering, an affidavit must be completed of personal knowledge, such as witness and victim must be attached to the complaint upon oath before a magistrate. If the warrant is required to arrest the suspects, the complaint is needed to produce support to request the warrant. The police must have a warrant to arrest the suspects at home; however, if they do not have a warrant, they must show probable cause for a warrantless arrest, and law enforcement officers are permitted to put the suspect’s home under surveillance. (The American Bar Association, 1985) However, if a police officer is invited into the house by someone answering the door, the police may arrest without a warrant. If the suspects are detained without a warrant, the complaint serves as the charging document at the initial appearance or preliminary
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