Description
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You are a police officer assigned to a task force that is investigating major drug trafficking operations in your jurisdiction. As part of the investigative process, a judge has issued a wiretap order for a suspect’s phone. You are assigned the responsibility of monitoring phone conversations, and you overhear the suspect as well as other individuals who may or may not be involved in the drug ring. Before obtaining enough evidence to arrest and prosecute the suspect, you hear evidence related to other types of criminal activity.
Assignment Guidelines
- Address the following in 900–1,200 words:
- What constitutional issues are involved in the scenario that dictates what you can and cannot do related to the evidence of other criminal activity outside the scope of the original wiretap order? Explain.
- If you arrest the other individuals for the crimes not associated with the reasons for the wiretap, what happens to any future evidence that might be obtained from the wiretap? Why?
- If you fail to arrest the other individuals, are there any potential risks involved? Explain you answer.
- Be sure to reference all sources using APA style
Explanation & Answer
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Running head: CRIMINAL PROCEDURES
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Criminal Procedures
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In this situation the constitutional issue included is the Fourth Amendment of the
Constitution which gives assurance against unlawful ventures and seizures as it states: " The
privilege of the general population to be secure in their people, houses, papers, and impacts,
against preposterous inquiries and seizures, should not be disregarded, and no warrants might
issue, but rather upon reasonable justification, upheld by vow or insistence, and especially
portraying the place to be looked, and the people or things to be grabbed." The court order is
particular and states the discussions to be recorded or seized and the discussions that are not
identified with the issue on the warrant are private of the native and are not to be seized.
Those conversations related to the issue at hand are categorized as Class 1 calls. The class
2 calls worried to new violations can be explored and the dependable captured and arraigned if
another warrant is issued by a judge to seek after those wrongdoings. This implies the cops need
to backpedal to the warrant issuing judge and request an altered warrant or another one for those
violations. The Police is not by any means the only one that wiretaps and to shield individuals
from it the Wiretap Act was made it is: "The "Wiretap Act" is a government law that is gone for
ensuring your protection in your interchanges with different people. Regularly, when you think
about a "wiretap," the main thing that strikes a chord is somebody tuning in to your phone calls.
In any case, the Act secures more than that.
The Act gives criminal and common punishments to infringement, and it has different
exemptions to when interferences and exposures are not unlawful. In spite of the fact that the Act
characterizes the majority of these terms, government cases that decipher the Act assume an
expansive part in understanding their importance and how they apply to a specific case or
circumstance. Moreover, most states have laws like or in light of the Act." (Lawyers.com).
Wiretap warrants are an approval of the court to permit Police Officers tune in to discussions in
the telephone, fax machine, PC or other specialized gadget. The idiosyncrasy of this is it is an
exclusionary govern to the fourth amendment.
In a wiretap warrant the sort of interchanges to be seized are communicated and if the
Police finds new...
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