Probable Cause Affidavits Arrest Warrants and Search Warrants
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
Probable Cause Affidavits Arrest Warrants and Search Warrants
Copyright © 2017 Pearson Education, Inc. All Rights Reserved
The Fourth Amendment
“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 warrant shall issue, but upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the persons to be seized.”
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Probable Cause Affidavits, Arrest Warrants, and Search Warrants
Copyright © 2017 Pearson Education, Inc. All Rights Reserved
Introduction
The Fourth Amendment basically states that the burden of proof shall be probable cause.
Supported by a law enforcement officer’s oath or affirmation, which specifically describes the place to be searched and the persons or things to be seized
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Copyright © 2017 Pearson Education, Inc. All Rights Reserved
Probable Cause Affidavit
The probable cause affidavit is a document that contains:
The information about the elements of the crime
The suspect’s participation in the crime
An explanation by the affiant supporting the probable cause of for an arrest
Probable cause exists when:
The facts or circumstances of a crime
Within the officer’s knowledge
Would lead a reasonable person to believe that the person listed in the affidavit committed the crime
Supervisors, prosecutors, and judges do not like reading multiple pages looking for your probable cause.
Just state the facts in the affidavit.
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Copyright © 2017 Pearson Education, Inc. All Rights Reserved
Figure 13-1 Probable Cause Affidavit
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Copyright © 2017 Pearson Education, Inc. All Rights Reserved
Figure 13-2 Probable Cause Affidavit
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Probable Cause Affidavits, Arrest Warrants, and Search Warrants
Copyright © 2017 Pearson Education, Inc. All Rights Reserved
An Arrest Warrant
The arrest warrant is usually completed when the person who committed the crime in not in custody.
If the person you are charging with a crime is in custody, then the probable cause affidavit is all that needs to be completed to book them into jail.
If the person is not in custody, then the probable cause affidavit needs to be completed, as well as the arrest warrant.
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Copyright © 2017 Pearson Education, Inc. All Rights Reserved
Figure 13-3 Arrest Warrant
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Copyright © 2017 Pearson Education, Inc. All Rights Reserved
Figure 13-4 Application and Affidavit for Arrest Warrant
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Probable Cause Affidavits, Arrest Warrants, and Search Warrants
Copyright © 2017 Pearson Education, Inc. All Rights Reserved
A Search Warrant (1 of 3)
Requirements are similar to a probable cause affidavit and an arrest warrant.
In all three documents:
Probable cause must be established to support the charges.
As well as the venue or jurisdiction, where the search or crime was committed
The search warrant is usually completed when there is probable cause to believe that an item was:
Stolen
Designed to commit a crime
Used in the commission of a crime
Is illegal to possess
Would be material evidence in a subsequent criminal prosecution
Is required, authorized, or permitted by a statute of the state
The search warrant is usually completed when there is probable cause to believe that an item was:
Or is kept, stored, transported, sold, dispensed, or possessed in violation of a statute of the state under circumstances involving a serious threat to the public safety, order, or to the public health
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Probable Cause Affidavits, Arrest Warrants, and Search Warrants
Copyright © 2017 Pearson Education, Inc. All Rights Reserved
The Right Way to Write
Probable cause affidavits, arrest, warrants, and search warrants are unique documents that require specific techniques.
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Copyright © 2017 Pearson Education, Inc. All Rights Reserved
Tips for Probable Cause Affidavits, Arrest Warrants, and Search Warrants
These forms will be viewed by a judge or magistrate.
You, as the affiant, will have direct control with the on-call judge who will review the document prior to issuance.
Often, your supervisor will not be able to review this document prior to your contact with the judge.
If the judge finds flaws with your document, don’t argue with the judge.
Remember that these types of documents are official orders from the court, and such, they require a specific type of writing.
When in doubt when completing these documents, consult an experienced officer for help.
These types of documents require facts, not opinions.
Never use any type of subjective inferences or deductions in your affidavits.
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Copyright © 2017 Pearson Education, Inc. All Rights Reserved
Probable Cause Affidavits, Arrest Warrants, and Search Warrants
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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Probable Cause Affidavits, Arrest Warrants, and Search Warrants
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