Criminal procedure
Investigating and charging crimes
Criminal investigation
Arrest warrant · Search warrant Probable cause · Knock-and-announce Exigent circumstance Reasonable suspicion Search and seizure · Search of persons Arrest · Detention Right to silence · Miranda warning (U.S.) Grand jury
Criminal prosecution
Statute of limitations · Nolle prosequi Bill of attainder · Ex post facto law Criminal jurisdiction · Extradition Habeas corpus · Bail Inquisitorial system · Adversarial system
Charges and pleas
Arraignment · Information · Indictment Plea · Peremptory plea Nolo contendere (U. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. An arrest warrant is a warrant issued by and on behalf of the state which authorizes the Arrest and detention of an individual A search warrant is a Court order issued by a Judge or Magistrate that authorizes law enforcement to conduct a Search In United States Criminal law, probable cause refers to the standard by which a Police officer has the right to make an Arrest, conduct Knock-and-announce, in United States Law of Criminal procedure, is an ancient Common-law principle incorporated into the Fourth Amendment An exigent circumstance, in the American Law of Criminal procedure, allows law enforcement to enter a structure without a warrant, or if they Reasonable suspicion is a legal standard in United States law that a person has been is or is about to be engaged in criminal activity based on specific and articulable facts Police officers in various jurisdictions have power to search members of the public, for example for weapons drugs and stolen property An arrest is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime Detention of suspects is the process of keeping a person who has been Arrested in a police-cell prison or other detention centre before Trial or Sentencing The right to remain silent is a legal protection given to people undergoing police Interrogation or trial. In the United States, the Miranda warning is a Warning given by Police to criminal Suspects in police custody or in a custodial situation before The United States of America —commonly referred to as the In the Common law, a grand jury is a type of Jury which determines whether there is enough evidence for a trial. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. A statute of limitations is a Statute in a Common law Legal system that sets forth the maximum period of time after certain events that legal proceedings Nolle prosequi is a Latin legal phrase meaning "do not pursue A bill of attainder (also known as an act or writ of Attainder) is an act of Legislature declaring a person or group of persons guilty of Criminal jurisdiction is a term used in Constitutional law and Public law to describe the power of Courts to hear a case brought by a state accusing Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal Habeas corpus (ˈheɪbiəs ˈkɔɹpəs ( Latin: command that you have the body is the name of a legal action or Writ, through which a person can seek relief Traditionally bail is some form of Property deposited or pledged to a Court in order to persuade it to release a suspect from jail, on the understanding This article is about the inquisitorial system for organizing court proceedings The adversarial system (or adversary system) of law is the system of law generally adopted in Common law countries that relies on the skill of each advocate Arraignment is a Common law term for the formal reading of a criminal Complaint, in the presence of the Defendant, to inform him/her of the charges Information is a formal criminal charge made without a Grand jury Indictment by a Prosecutor in a document called an information. In the Common law legal system an indictment (ɪnˈdaɪtmənt (in-DITE-mint is a formal accusation of having committed a criminal offense For the Pygmy backswimmer Genus, see Plea (insect. In the Common law, the peremptory pleas ( pleas in bar) are Pleas that set out special reasons for which a trial cannot go ahead la Nolo contendere is a legal term that comes from the Latin for "I will not contend it S. ) · Plea bargain Presentence Investigation
Related areas of law
Criminal defenses Criminal law · Evidence Civil procedure
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Law · Criminal justice

Search and seizure is a legal procedure used in many common law countries whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime. A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a Criminal case whereby the Prosecutor offers A presentence investigation report ( PSI) is a Legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment Certain countries, such as the United States and Canada, have provisions in their constitutions that provide the public with the right against "unreasonable" search and seizure. The United States of America —commonly referred to as the Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively

Though interpretation may vary, this right usually requires law enforcement to obtain a search warrant before engaging in any form of search and seizure. A search warrant is a Court order issued by a Judge or Magistrate that authorizes law enforcement to conduct a Search

United States

The Fourth Amendment to the United States Constitution ensures citizens' right to "be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures …" The amendment goes on to set forth the conditions under which a warrant may be issued: "no warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The Fourth Amendment' ( Amendment IV) to the United States Constitution is a part of the Bill of Rights. " ^[1] The text of the amendment is brief, and most of the law determining what constitutes an unlawful search and seizure is found in court rulings. The general rule under the U. S. Constitution is that a valid warrant is required for a valid search. There are, however, several exceptions to this rule.

Dareton police search the vehicle of a suspected drug smuggler in Wentworth, in the state of New South Wales, Australia, near the border with Victoria

For instance, the owner of the property in question may consent to the search. Dareton is a town in the far west of New South Wales, Australia. Consent searches are searches made by United States law enforcement personnel based on the consent of the individual whose person or property is being searched The consent must be voluntary, but there is no clear test to determine voluntariness; rather, a court will consider the "totality of the circumstances" in assessing whether consent was voluntary. Police officers are not required to advise a suspect that he may refuse. There are also some circumstances in which a third party who has equal control, i. e. common authority, over the property may consent to a search.

When an individual does not possess a "reasonable expectation of privacy" that society is willing to acknowledge in a particular piece of property, any interference by the government with regard to that property is not considered a search for Fourth Amendment purposes, and a warrant is never required. For example, courts have found that a person does not possess a reasonable expectation of privacy in information transferred to a third party, such as writing on the outside of an envelope sent through the mail or left for pick-up in an area where others might view it. While that does not mean that the person has no reasonable expectation of privacy in the contents of that envelope, the Court has held that one does not possess a reasonable expectation of privacy that society is willing to acknowledge in the contents of garbage left outside the curtilage of a home.

DEA investigators found $5. The Drug Enforcement Administration ( DEA) is a United States Department of Justice Law enforcement agency tasked with combating drug smuggling and 6 million hidden in a ceiling compartment of a truck during a seizure (Operations Reciprocity, 1997)

There is also a lowered expectation of privacy inside of motor vehicles. This "automobile exception" has been summarized by St. Mary's University law scholar Professor Gerald Reamey in "Reamey's Rule" as "never, ever, ever put anything in your vehicle that you do not want the police to see", although the Supreme Court's analysis is somewhat more nuanced. Nevertheless, a 'bright line' has been drawn at the doorstep of person's homes, however, so that whenever the government intrudes inside, their action is considered a search for Fourth Amendment purpose and must always be accompanied by a search warrant (absent exigent circumstances).

Courts have also established an "exigent circumstances" exception to the warrant requirement. An exigent circumstance, in the American Law of Criminal procedure, allows law enforcement to enter a structure without a warrant, or if they "Exigent circumstances" simply means that the officers must act quickly. Typically, this is because police have a reasonable belief that evidence is in imminent danger of being removed or destroyed. Exigent circumstances may also exist where there is a continuing danger, or where officers have a reasonable belief that people in need of assistance are present.

Certain limited searches are also allowed during an investigatory stop or incident to an arrest. These searches are called refined searches.

While the interpretations of the U. S. Supreme Court are binding on all federal courts interpreting the U. S. Constitution, there is some variance in the specifics from state to state, for two reasons. First, if an issue has not been decided by the U. S. Supreme Court, then a lower court makes a ruling of "first impression" on the issue, and sometimes two different lower courts will reach different interpretations. Second, virtually all state constitutions also contain provisions regarding search and seizure. Those provisions cannot reduce the protections offered by the U. S. Constitution, but they can provide additional protections such that a search deemed "reasonable" under the U. S. Constitution might nonetheless be unreasonable under the law of a particular state.

The primary remedy in illegal search cases is known as the "exclusionary rule". This means that any evidence obtained through an illegal search is excluded and cannot be used against the defendant at his or her trial. There are some narrow exceptions to this rule. For instance, if police officers acted in good faith--perhaps pursuant to a warrant that turned out to be invalid, but that the officers had believed valid at the time of the search--evidence may be admitted.

Further, under the "fruit of the poisonous tree" doctrine, additional evidence discovered as a result of illegally obtained evidence is also inadmissible.

Forfeiture laws are covered under Title 18, part I, chapter 46 of the United States Code. The United States Code ( USC) is a compilation and Codification of the general and permanent federal Law of the United States.

Canada

In Canada, Section Eight of the Canadian Charter of Rights and Freedoms protects all individuals from unreasonable search and seizure. Section Eight of the Canadian Charter of Rights and Freedoms provides everyone in Canada with protection against unreasonable Search and seizure. For a search to be "reasonable" it must be authorized by law, the law itself must be reasonable, and the manner in which the search was carried out must be reasonable (R. v. S. A. B. , 2003 SCC 60). This means that the officer must be acting within the power of a valid statute, and it must be performed on the basis of there being "reasonable and probable grounds" that a crime has been committed.

See also

• No-knock warrant

Notes

References

* The U. In the US a no knock warrant is a warrant issued by a judge that allows law enforcement officers to enter a property without knocking and without identifying themselves as police The Constitution of the United States of America is the supreme Law of the United States. S. Constitution. Founding Fathers. (1787).