The Pros And Cons Of The Fourth Amendment

Saturday, April 23, 2022 8:19:16 AM

The Pros And Cons Of The Fourth Amendment



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Fourth Amendment: Exceptions to the Warrant Requirement (Part I)

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Library of Congress. Gates et Ux ," Pages Accessed Feb. Gates et Ux ," Pages and Debt Management. Your Money. Personal Finance. Your Practice. Popular Courses. What Is Probable Cause? Key Takeaways Probable cause is a requirement in criminal law that must be met before a police officer can make an arrest, conduct a search, seize property, or get a warrant. Constitution, which states that citizens have the right to be free from unreasonable government intrusion into their persons, homes, and businesses.

Article Sources. Investopedia requires writers to use primary sources to support their work. Departments will have to overcome the challenges presented here, but these cameras also provide an opportunity for police to strengthen the relationships they have with the communities they serve. This article will help you get on track with the law enforcement career you desire.

There are some errors in the form. Please correct the errors and submit again. By selecting "Submit," I authorize Rasmussen University to contact me by email, phone or text message at the number provided. There is no obligation to enroll. Will is a Sr. Content Specialist at Collegis Education. He researches and writes student-focused articles on a variety of topics for Rasmussen University. He is passionate about learning and enjoys writing engaging content to help current and future students on their path to a rewarding education. Posted in Law Enforcement. Kirsten Slyter Brianna Flavin Callie Malvik This piece of ad content was created by Rasmussen University to support its educational programs.

Rasmussen University may not prepare students for all positions featured within this content. Please visit www. External links provided on rasmussen. Rasmussen University is accredited by the Higher Learning Commission, an institutional accreditation agency recognized by the U. Department of Education. Citizens who know they are being filmed are less likely to act aggressively as well, as the video removes any opportunity for disputing their behavior. Storage of evidence Traditionally, evidence is collected, labeled and physically stored under lock and key. Some judges feel that Zoom hearings allow them to truly assess witness credibility since they are making prolonged eye-to-eye contact, often on a large screen in their courtrooms.

Such a format allows for fewer distractions and more focus on the witness than in a traditional courtroom. First-hand Home Assessment. Teleconferencing will force attorneys to be better prepared and reach agreements with opposing counsel as to exhibits. Most of the concerns around Zoom hearings revolve around the courts' live broadcasting of the hearings on YouTube to comply with the Michigan Supreme Court's administrative order that courtrooms must remain open to the public. Judges cannot control a virtual courtroom the same way they can a real courtroom in terms of who is physically present, who is using a cell phone, who is talking to whom, who is coaching witnesses, etc.

Who Really Is Watching? In theory, anyone can walk into a real courtroom to watch a family law hearing, but the reality is that most people are not going to take the time from work, drive to court, find parking, go through security, etc. But, with more people at home, they have more time on their hands, and if all they have to do is sit on their laptop and anonymously log on to YouTube, there could be many lurkers — coworkers, bosses, neighbors, church parishioners, or worse yet, children.

While many of us struggle with the technology, our tech-savvy children live on YouTube and could easily discover ugly details of their parents' divorce case. Protecting the Integrity of Testimony. With YouTube access and Zoom, sequestration and cell phone usage is much harder to enforce. Will judges be able to tell if witnesses are being coached or using notes? Illegal Recordings. YouTube is supposed to display a warning that the court hearings are not allowed to be recorded by the public — only courts are able to use the record feature on Zoom.

However, realistically, courts have no way of knowing if third parties have illegally recorded the hearing on their cell phones. Disclosure of Confidential Information. You may need to share confidential financial, medical or personal information in family law hearings — tax records, bank statements, CPS reports, psychological evaluations, etc. If documents are being introduced into evidence through Zoom's share screen feature, these will also be visible on YouTube.

How long before hackers figure out that trolling court hearings is a good way to gain access to account numbers and birth dates? Safety in Domestic Violence Cases. If parties are residing in the same home, it may be dangerous for domestic violence survivors to safely participate in court hearings. Survivors cannot rely on courthouse security measures, bailiffs or the support of their attorneys in person.

More Time and Expense. As we all learn how to maneuver in this new virtual world, it takes attorneys and courts more time to prepare clients and exhibits. Judging Witness Demeanor. While some believe this technology gives judges a clearer line on judging witness demeanor, some believe it does not since judges may not be able to see a witness's demeanor such as shaky hands. Maintaining Control. Judges can enter stipulated or ex parte injunctive orders with common sense protections as to the ban on recordings, witness tampering and banning access to children. Such orders may not prevent bad actors from doing these things, but at least the orders provide the judges the ability to hold violators in contempt of court if the acts are discovered. Word will spread within the community that there are consequences.

Judges can use Zoom breakout rooms for in-chambers conferences or side bars that are not on the record to address private matters. Judges can ask to see rooms to ensure that witnesses are not being coached or using inappropriate notes. They might not be able to order it but could suggest that witnesses wear headphones to ensure against the possibility of coaching. Safeguarding Sensitive Matters. Most, if not all, courts will not live broadcast personal protection order hearings, adoption or juvenile court proceedings on YouTube as they are not public proceedings by statute.

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