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Anarel [89]
3 years ago
5

The Sheriff's Department has information to believe that illegal automatic weapons are being hidden in a garage on Mary Halberst

am's property. The information was obtained from a confidential informant who specified that the illegal weapons were assault rifles and that Mary has secured ammunition for the weapons in hopes of arming her friends against a looming government conspiracy. The Sheriff's Department has a list of weapons that had been reported as stolen from a local gun store and the confidential informant confirmed those were the same weapons he had seen on Mary's property. Theinformant made a sworn statement in the form of affidavit that was presented to a judge,who issued a search warrant for "any and all illegal items" in the home and garage of Mary, listing her proper address. The Sheriff's Department executed a search warrant at Mary's home by forcing open her front door without knocking or announcing their presence and discovered the illegal weapons that matched the inventory from the Army Depot in her home and the garage.Mary challenges the search warrant as unconstitutional. She may succeed because:
a. the evidence presented to the magistrate did not amount to probable cause.
b. only the United States Army had authorization to investigate the case.
c. the search warrant did not adequately describe the things to be seized.
d. the affidavit was based on the word of a confidential informant.
Law
1 answer:
Allushta [10]3 years ago
7 0

Answer:

a. the evidence presented to the magistrate did not amount to probable cause

Explanation:

Wasnt Enough PC

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Trace the history of public law enforcement in the United States across any century.
Vikki [24]

Answer:

The development of policing in the United States closely followed the development of policing in England. In the early colonies policing took two forms. It was both informal and communal, which is referred to as the “Watch,” or private-for-profit policing, which is called “The Big Stick” (Spitzer, 1979).

The watch system was composed of community volunteers whose primary duty was to warn of impending danger. Boston created a night watch in 1636, New York in 1658 and Philadelphia in 1700. The night watch was not a particularly effective crime control device. Watchmen often slept or drank on duty. While the watch was theoretically voluntary, many “volunteers” were simply attempting to evade military service, were conscript forced into service by their town, or were performing watch duties as a form of punishment. Philadelphia created the first day watch in 1833 and New York instituted a day watch in 1844 as a supplement to its new municipal police force (Gaines, Kappeler, and Vaughn 1999).

Augmenting the watch system was a system of constables, official law enforcement officers, usually paid by the fee system for warrants they served. Constables had a variety of non-law enforcement functions to perform as well, including serving as land surveyors and verifying the accuracy of weights and measures. In many cities constables were given the responsibility of supervising the activities of the night watch.

These informal modalities of policing continued well after the American Revolution. It was not until the 1830s that the idea of a centralized municipal police department first emerged in the United States. In 1838, the city of Boston established the first American police force, followed by New York City in 1845, Albany, NY and Chicago in 1851, New Orleans and Cincinnati in 1853, Philadelphia in 1855, and Newark, NJ and Baltimore in 1857 (Harring 1983, Lundman 1980; Lynch 1984). By the 1880s all major U.S. cities had municipal police forces in place.

These “modern police” organizations shared similar characteristics: (1) they were publicly supported and bureaucratic in form; (2) police officers were full-time employees, not community volunteers or case-by-case fee retainers; (3) departments had permanent and fixed rules and procedures, and employment as a police officers was continuous; (4) police departments were accountable to a central governmental authority (Lundman 1980).

In the Southern states the development of American policing followed a different path. The genesis of the modern police organization in the South is the “Slave Patrol” (Platt 1982). The first formal slave patrol was created in the Carolina colonies in 1704 (Reichel 1992). Slave patrols had three primary functions: (1) to chase down, apprehend, and return to their owners, runaway slaves; (2) to provide a form of organized terror to deter slave revolts; and, (3) to maintain a form of discipline for slave-workers who were subject to summary justice, outside of the law, if they violated any plantation rules. Following the Civil War, these vigilante-style organizations evolved in modern Southern police departments primarily as a means of controlling freed slaves who were now laborers working in an agricultural caste system, and enforcing “Jim Crow” segregation laws, designed to deny freed slaves equal rights and access to the political system.

The key question, of course, is what was it about the United States in the 1830s that necessitated the development of local, centralized, bureaucratic police forces? One answer is that cities were growing. The United States was no longer a collection of small cities and rural hamlets. Urbanization was occurring at an ever-quickening pace and old informal watch and constable system was no longer adequate to control disorder. Anecdotal accounts suggest increasing crime and vice in urban centers. Mob violence, particularly violence directed at immigrants and African Americans by white youths, occurred with some frequency. Public disorder, mostly public drunkenness and sometimes prostitution, was more visible and less easily controlled in growing urban centers than it had been rural villages (Walker 1996). But evidence of an actual crime wave is lacking. So, if the modern American police force was not a direct response to crime, then what was it a response to?

Explanation:

5 0
3 years ago
A maxim in the law holds that a judge, while writing a court opinion, should stick to the problem at hand and not wander off and
BigorU [14]

Answer:

Retribution. Retribution means giving offenders the punishment they deserve. Most adherents to this idea believe that the punishment should fit the offense. This idea is known as the doctrine of proportionality

Explanation:

8 0
3 years ago
Determine if the statement is true or false.
RUDIKE [14]

Answer:

False

Explanation:

Social disorganization is a theoretical perspective that explains ecological differences in levels of crime based on structural and cultural factors shaping the nature of the social order across communities. This approach narrowed the focus of earlier sociological studies on the covariates of urban growth to examine the spatial concentration and stability of rates of criminal behavior. According to the social disorganization framework, such phenomena are triggered by the weakened social integration of neighborhoods because of the absence of self-regulatory mechanisms, which in turn are due to the impact of structural factors on social interactions or the presence of delinquent subcultures.

Hope this helps....please vote with thanks

6 0
3 years ago
Which constitutional provision forbids conflict between state and federal laws?
Lena [83]

Answer:

doctrine of preemption

Explanation:

Under the doctrine of preemption, which is based on the Supremacy Clause, federal law preempts state law, even when the laws conflict.Jun 2, 2017

8 0
3 years ago
Which of the following statements is true of the Elmira Reformatory?
mestny [16]

Answer choices:

a. the reformatory was organized so that inmates spent most of their day in solitary confinement

b. it used indeterminate sentences and followed the principles of the Irish system.

c. the practice of parole that is advocated abruptly ended when the Great Depression created a crime wave.

d. the prisoners could be conditionally released for supervision only when a court gave its approval.

B is the answer.

7 0
3 years ago
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