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Criminal Justice (2)

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In Nevada, an arrest is defined as the taking of an individual into detention, in an event and in the way passed by law by a peace officer or by a private person as outline in NRS 171.104. NRS 171.106 allows for issuance of warrant of arrest by a magistrate of a peace officer if it appears from the complaint published pursuant to NRS 488.920, 501.386, or, 484A.730 or from an affidavit(s)  filed, that there is a likely reason to believe that an offense that is triable in the county, has been committed by the defendant. According to NRS 171.108, a valid warrant of arrest must have the signature of a magistrate with the magistrate’s name of office, name of the defendant or any name if the defendants name is unknown or a description that can help identify the defendant with certainty, date, country, city or town of issuance, description of the offence pointed in the complaint and the command that the defendant be arrested and brought before the nearest available magistrate. NRS 171.132 provides that any person making arrest can summon help when necessary to execute an arrest. The NRS 171.1455 provides for use of deadly force in preventing escape if a person is believed to have committed a crime or present a threat to the officer or others. NRS 171.206 appropriate for release of defendant they are found not to have committed a felony. A search warrant can only be issued by a judge and not the prosecutor as the affidavit(s) required can be sworn only by the judge. In Segura’s case, it was affirmed as a rule that a wrongdoer who has done a large number of crimes and expecting a grievous punishment under the Guidelines-may have his Guidelines punishment raised even further only their recent offence is similar to those of the past.

From the case, officer Fallon’s lack of disclosure to the magistrate was misleading and fatally tainted the warrant. In this case, Spider was the source of the independent source of information for the challenged evidence though the evidence was exposed during a search of petitioners' house pursuant to a valid warrant. Furthermore, the information on which the warrant was based on came from Spider, a source wholly unconnected with Fallon’s initial entry and was recognize by the agents well before that entry was done. Fallon’s recitation to the judge should of information from an independent source thus taint the warrant that led to the discovery of the evidence.

In 1(a), the argument is incorrect because, from Spiders information, there was a probable reason to believe that Donnie had sold some cocaine and was about to sell some to the two clients. The argument in 1(c) invalid as Fallon was convinced from his observations that Donnie has cocaine in the house and its exclusion did not limit the search to the guitar case. From Fallon’s recitation, there was enough evidence that Donnie was dealing in cocaine. This puts out the argument of 1(d). Finally, 1(e) fails to convince as the recitation done by Fallon did not only rely on the information offered by Spider, but was also based on his observations of Donnie’s house after the tip.  

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