SEARCH & SEIZURE - SEARCH WARRANTS

The Fourth Amendment of the United States Constitution guarantees the right to be secure against unreasonable searches and seizures. It provides that warrants for an arrest or for a search shall be based on probable cause, shall be supported by an oath or an affirmation, and shall describe with particularity the placed to be searched or the person or thing to be seized.

An overview of the PATRIOT Act

The PATRIOT Act officially the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act was quickly developed and passed after the terroristic attack on September 11, 2001. The PATRIOT Act gives state, federal, and international intelligence agencies the power to conduct surveillance without first going into court and obtaining a warrant.

Vindictive and Selective Prosecution

A prosecutor may violate a defendant's due process rights if they are using their decision to prosecute the defendant for purposes of retaliation.

Aiding and Abetting Illegal Aliens and Employment of Illegal Aliens

An illegal alien is a person born in a foreign country who has come into the United States by way of improper channels. Illegal aliens may enter the United States by crossing the Mexican or Canadian border. They are also smuggled in by means of transportation by roadway or waterway.

MODIFICATION, REDUCTION, & TERMINATION OF PROBATION

A trial judge generally has discretion whether to grant probation to a defendant. In accordance with that discretion, the trial judge is also entitled to modify, to reduce, or to terminate the defendant's probation.