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A Reasonable and Constitutional Right to Privacy.
A person has a reasonable expectation of privacy in a hotel room, their residence or a public place made available by a business as a phone booth or public restroom to ensure ones privacy. .
As a rule, there is no reasonable expectation of privacy with garbage that is left out in a public place to be collected.
Four Requirements for the Issuance of a Search Warrant.
A ruling by the Supreme Court that expresses the Constitution preference of search, seizure or an arrest that is performed pursuant to a legally executed warrant. A law enforcement officer must obtain a signed written order from the court in order to conduct a search, seizure or an arrest when they have knowledge that there is evidence of a crime. A search, seizure, an arrest executed with no valid warrant is considered presumptively untenable, as well as, the seized evidence would be suppressed except if a court determines the search to be reasonable for the circumstances. .
The Elements of an Arrest.
The officer intent to arrest an individual may be communicated in either a verbally or through their actions, so if there is a lack of intent then there can be no arrest. Seeing that intent established in one's mind and is not conveyed verbally, if a dispute should arise then it would be decided that would a reasonable individual think they were arrested.
An officer is allowed to detain and take an individual in to custody according state laws. An arrest occurs when an arrestee surrenders or forcefully detained by an officer through actual or constructive seizure. With an actual seizure, it includes a physical component, either by a hand or a firearm, in the course of detainment. Constructive seizure happens when an arrestee willingly surrenders, for example, when an individual surrenders at a police station.
An invalid arrest occurs when the arrestee may not comprehend that they are under arrest.
