Sunday, February 16, 2020
Constitutional Law Research Paper (Mock Case Study aka Memorandum of
Constitutional Law Research Paper (Mock aka Memorandum of the Law) - Case Study Example The detectives arrested Sam for violating parole and for possession of child pornography. The warrant was issued on application of affidavit by Detective Tom Murray, who used false information that Sam was not living he had agreed to his release on parole. Tom had lied that the residence was vacant and that Sam had violated parole, although he knew that Sam was living in the same apartment as he had declared during his release. The detectives who made the arrested were not aware that Tom Murray had gotten the arrest warrant after presenting false information on Sam in his affidavit. The investigators seized evidence on child pornography as there were hundreds of child pornography images in Sams bedroom, and there was some evidence that Sam was communicating with children over the internet. However, the issuance of the execution of the search was valid under the Fourth Amendment of criminal justice. Following the exception that the search was in good faith, and the search was reasonab le enough to warrant a recovery of sufficient evidence against Sam Mark criminal behavior. From the exception named above, the detectives had the right to go access Sams residence to confirm that Sam was not indeed living in the declared home (Beatson, 2006). The search led to the discovery of the evidence that incriminated him as a child sex predator. The agents took the time to go through the Sams computer as well in search of more evidence against Sam. Sam is not guilty of violating parole under the evidence provided by Tom in the affidavit, but is according to the evidence gathered as a result of the warrant that Tom acquired. The search warrant was reasonable and in good faith. Tom applied for the search warrant under a suspicion that Sam was involved in child abuse in his house as is demonstrated below. Rule 41 (a) of 18 United States Constitution states that search warrants shall only be issued ââ¬Ëupon the request of a federal law enforcement
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