LE 101 Lecture Notes - Lecture 23: Plain View Doctrine, Miranda Warning, Exclusionary Rule
8 Dec 2016
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It is better that ten guilty persons escape than one innocent suffer. william blackstone. A person is preserved innocent until proven guilty. In criminal cases prosecution is by the state. To have an arrest the police have to investigate before or arrest if it is clear who committed the crime. An arrest can be made with or without a warrant with the intend for questioning. Need probable cause-where the fact and circumstances would warrant a reasonable person to believe an offense was committed. In the warrant, police have to have a detailed description of the person and extremely specific detail included about what will be searched. Once the warrant is drafted the police have to get it approved by a judge. The inclusion of the judge takes power away from the police. Miranda rights read to you- before you are in custody or questioned or arrested. Everything you do or say will be used against.
