Assignment M2
Respond to the following questions. Your combined responses should be 1-2 pages in length. At the minimum, a paragraph or two for each answer.
1. When can the police search without a warrant?
2. What is the difference between direct evidence and indirect evidence? Is one type of evidence more useful than the other? What are various types of circumstantial evidence?
Answer:
- When Can the Police Search Without a Warrant?
The police may search without a warrant under certain circumstances, such as in the case of consent by the owner of the property to be searched, during a lawful arrest, in an emergency situation, or when there is probable cause to believe that evidence of a crime is present in plain view. However, the Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures, meaning that a warrantless search must meet certain criteria in order to be considered reasonable.
- Difference Between Direct and Indirect Evidence, and Types of Circumstantial Evidence
Direct evidence is evidence that directly proves the fact in question, such as a confession or eyewitness testimony. Indirect evidence, also known as circumstantial evidence, is evidence that allows one to infer the fact in question, such as motive or opportunity. Neither type of evidence is inherently more useful than the other, as it depends on the specific circumstances of each case.
There are various types of circumstantial evidence, including:
- Association evidence: Evidence that links a suspect to the crime, such as fingerprints or DNA.
- Motive evidence: Evidence that shows a reason for the suspect to have committed the crime, such as financial problems or a grudge against the victim.
- Opportunity evidence: Evidence that shows the suspect had the chance to commit the crime, such as being in the area at the time of the crime.
- Behavioral evidence: Evidence of the suspect’s behavior before, during, and after the crime, such as unusual behavior or changes in routine.
