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CJ 2500 Digital crime and digital terrorism Assignment
CJ 2500 Digital crime and digital terrorism Assignment
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
CJ 2500 Digital crime and digital terrorism Assignment
Running head: SEARCH AND SEIZURE
SEARCH AND SEIZURE 2
Search and Seizure
CJ 2500
Indiana Institute of Technology
The Fourth Amendment, which puts in place the power of the police in relation to obtaining evidence, is the bedrock of the search-and-seizure law in the United States, as discussed by Hinkle (2015). One of the first cases on search and seizure dates back to 1760 when the master of
England gave warrants to have some pamphleteers’ homes to be searched as a way to combat their propagandist influence. These pamphleteers used to go out with flyers that mocked the master and his associates, and when the ruler found, he gave the warrants. In any case, despite
the ways that the Fourth Amendment was not in play, the pamphleteers fought back by claiming that the searches took place after a “singular attack” (Kerr, 2013). This paper discusses search and seizure, especially as an indispensable aspect of the Fourth Amendment, including
challenges and emerging issues.
Likely, in reaction to the incident, the United States’ founding fathers drafted the Fourth Amendment, which is an integral part of the Constitution, since they disagreed with the ruler’s general warrants. Fundamentally, any person that had a general warrant could go into any house or
building and search or seize illegal stock. Additionally, government authorities could essentially get in private places without deciding why they are there, where they will search, and the purpose of the search. The Fourth Amendment is considered a part of the Bill of Rights, which was
added to the United States of America’s Constitution and implemented started on15th December 1791. The amendment accentuates the benefits of the people to be secure in their kin, houses, papers, and effects, against searches and seizures that are deemed unreasonable, to ensure
that any evidence confiscated will not be dismissed. Search warrants are issued once it is demonstrated through probable cause supported by oath of affirmation. The place or person to be searched ought to be described in detail (Kerr, 2013; Legal Information Institute, n.d.).
CJ 2500 Digital crime and digital terrorism Assignment
Even though the Fourth Amendment is critical in any investigation since it ensures people of prosperity and security in their homes, it has its inadequacies. There have been conversations concerning it since it was realized considering the changes since the 1700s, which presents
challenges with regard to what is seen as a malevolent or worth giving a court order for, especially since there are progressively difficult issues these days. For instance, explosives, drugs, illegal firearms, kid sensual diversion, and missing people among others are illegal, and loosening
up the Fourth Amendment to people related to these activities is questionable. Loosely, when the recently referenced things are in someone’s home or vehicle, they speak to a danger to one another person around them, as such conversations turning around the constitutional
amendment (Hinkle, 2015; Legal Information Institute, n.d.).
CJ 2500 Digital crime and digital terrorism Assignment
The search, seizure, stop and search, warrant, sensible defense, and the exclusionary standard are the essential parts of the Fourth Amendment. The courts are responsible for choosing the things that fall under pursuit and seizure in the Fourth Amendment so the individual can value
the protection of the rectification (Swanson, Chamelin, Territo, and Taylor, 2006). Regardless, and if, by any chance, the Court decides that the issues present before it is unrelated to the Fourth Amendment, the individual will be presented to look and seizure. As per the Fourth
Amendment, an infringement is said to have happened if a professional associated with a police organization infringes on a person’s wise desire for security. Before long, frisks and searches can be challenging to execute when performing butt-driven or genital assessments. Also,
electronic perception and a canine sniff involve reasonable questions under the Fourth Amendment if and when they are maintained by a dependable explanation and are executed in an ordinary manner (Kim, 2017).
A seizure can occur in two distinct manners. It can either be the seizure of a property or a person. Seizure of property is said to happen if a person’s possessory eagerness for property has been intruded with; an individual is said to be taken advantage of if their lucky break has been
infringed by the authorities (Kim, 2017). To lawfully seize an individual or property, the person in authority of the law should have valid warrants. Nonetheless, a police officer can make warrantless catches if an authority has a credible conviction that a suspect has submitted or is a
hazard to individuals when all is said in done (Hinkle, 2015; Kim, 2017).
Stop and frisk searches consists of another aspect of the Fourth Amendment. As indicated, a warrant and sensible reasoning are various segments in the change, and they expect significant activity in search and seizure, as discussed above. Another element of search and seizure is the
exclusionary rule, which is a standard established to ensure that police officers submit to the requirements of the Fourth Amendment concerning search and seizure. The standard communicates that if any authorization is gained unlawfully or does not keep up the Fourth Amendment, it
is inadmissible or cannot be used in a court (Taylor, Fritsch, & Liederbach, 2014). For instance, in Map v. Ohio, the Supreme Court concluded that the ruling in Wolf v. Colorado was broken since the Court surrendered that it got evidence unlawfully. Stop and search, edges and motivations
behind the area, blockades with reasonable and authentic explanation, and where it is shown that there is no other effective techniques material are exclusions of the Fourth Amendment (Swanson et al., 2006).
The police should not waste time with a warrant to use robots to investigate the patio nor mess with a warrant to follow one’s activities for a few days. With all the recent advancements, police can make use of devices, for instance, stingrays to screen a target area or property (Feeney, 2017). A stingray transmits a sign that is upheld as such force nearby phones to connect with it. Regardless of the way that this development can be used for acceptable and help locate an unsafe individual. However, what is keeping the police from using it and get correspondence information of legit people? Additionally, just as this is not adequate, if the organization were to decide to present GPS trackers in people’s computers (PCs) or vehicles and use them to keep an eye out for its locals, it would not break the Fourth Amendment (Feeney, 2017).
As much as the guidelines used in unraveling the Fourth Amendment have progressed, it is understood that there have been massive improvements in the use of exclusionary rule, Miranda forewarning, and warrants. However, more is still needed, despite how everything ought to be done. Current and new elements ought to be adapted to the changes.
References
Feeney, M. (2017). How the Fourth Amendment can keep up with modern surveillance. The Weekly Standard. Retrieved from https://www.washingtonexaminer.com/weekly-standard/how-the-fourth-amendment-can-keep-up-with-modern-surveillance
Hinkle, R. K. (2015). Legal constraint in the US Courts of Appeals. The Journal of Politics, 77(3), 721-735.
Kerr, O. S. (2013). The Curious History of Fourth Amendment Searches. The Supreme Court Review, 2012(1), 67-97.
Kim, J. (2017). Fourth Amendment. Legitimate Information Institute. Recovered from https://www.law.cornell.edu/wex/fourth_amendment
Legal Information Institute. (n.d.). U. S. Constitution: Fourth Amendment. Retrieved from https://www.law.cornell.edu/constitution/fourth_amendment
Swanson, C., Chamelin, C., Territo, L., and Taylor, R. (2006). Criminal investigation. McGraw-Hill Higher Education.
Taylor, R. W., Fritsch, E. J., & Liederbach, J. (2014). Digital crime and digital terrorism. Prentice Hall Press.
CJ 2500 Digital crime and digital terrorism Assignment
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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