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Essays on search and seizure
Essays on search and seizure
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Law enforcement has to know the boundaries of the law due to being bound by departmental rules, local, state, and federal laws (Hall, 2015). Law enforcement agencies should be fully aware of laws that have changed. The body of law known as Search and Seizure is forceful at its own argument. It is always undergoing some type of modification or revision. This law is vital due to it is governed as a right to privacy and the right to freedom from arbitrary invasion under the Fourth Amendment to the United States Constitution (Hall, 2015). Citizens have more rights than they are afforded under the Fourth Amendment alone. Courts should not defer to the police when a question of public safety is an issue in a search. Search and seizure restrict law
In July 2003, Sheriff’s Deputy Todd Shanks of Multnomah County Oregon was performing a routine traffic stop on a vehicle driven by William Barrett. During this stop, Shanks arrested Barrett because of an outstanding warrant and then searched the car. A pressure-cooker found in the trunk was believed to be used in the making of methamphetamine. Barrett informed Shanks that the owner of the pressure-cooker was “Gunner Crapser,” and that he could be found at the Econolodge Motel in a room registered to a woman named Summer Twilligear (FindLaw, 2007, Factual and Procedural Background section, para. 2). Deputy Shanks quickly learned that there was an outstanding warrant for a “Gunner Crapser” but to not confuse the wanted man, whose name was not actually “Gunner Crapser,” with someone else using this name.
When is a search not a search? The Fourth Amendment was made to protect prevent unwanted search and seizure. Were DLK’s rights violated by using a thermal imager without a warrant? The Fourth Amendment protects citizens rights from unlawful search and seizure. In the case of DLK, the supreme court had to decide if the government went to far. The government went to far because the search violated the Fourth Amendment rights by unlawfully obtaining information without a warrant.
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. A warrant, a legal paper authorizing a search, cannot be issued unless there is a reasonable cause. Courts have rules that a warrant is not required in every case. In emergencies such as hot pursuit, public safety, danger of loss of evidence, and permission of the suspect, police officers do not need a warrant to search a person’s property (Background Essay). In the case of DLK, federal agents believed DLK was growing marijuana in his home. Artificial heat intensive lights are used to grow the marijuana indoors (Doc B). Agents scanned DLK’s home with a thermal imager. Based on the scan and other information, a judge issued
A search and seizure is the phrase that describes law enforcement's gathering of evidence of a crime. Under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises this also includes vehicles. Any seizure of tangible evidence, must be reasonable. Normally, law enforcement must obtain a search warrant from a judge, specifying where and whom they may search, and what they may seize, though in emergency circumstances, they may dispense with the warrant requirement.
The controversy in this case was did the search and seizure of Terry and the men he was with violate the Fourth Amendment? This case tried to determine the role of the Fourth Amendment when police are investigating suspicious circumstances on the street, and when there is probable cause to search someone that is displaying questionable behavior (Justia, n.d.).
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, and effects against unreasonable searches and seizures, shall not be violated, and no warrants 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" (U.S Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine.
Search and seizure in Canada has evolved into the Charter of Rights and Freedoms as an important asset in the legal world. The case of R v. TSE sets an important example of how unreasonable search and seizure is in Canada. An important section that relates to this case is s. 8. The main concerns with this case are whether the police abuse their powers to search and seize Yat Fung Albert Tse, the fact that when the police did enter into the wiretap they did not have a warrant and also that it is a breach of privacy without concern.
To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under
The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
Being suspicious about someone is not necessarily bad for police officers, as long as you have a reason to suspect. For example, have you ever seen a person that you have never seen before, walk by your neighborhood? Law enforcement officers patrol the streets making sure there isn’t anything suspicious going on. There have been cases were the police have been accused of stopping people over for no reason. Some say they were racially profiled. Whatever the case is, police have to have reasonable suspicion to stop someone.
area for a certain amount of time - as long as this is for no more
There are five codes, running from code A to E. Code A deals with the
Not every American Citizen knows their Constitutional rights, in fact, they may know some but not all their rights like having the right to feel secure in their persons, houses and papers. The fourth Amendment actually prohibits unreasonable searches and seizures. But do Citizens know when is ‘ok’ for police officers to actually search their home, car, and other personal stuff? Before a police officer searches anything someone owns they must have reasonable grounds that they will find any type of drugs, weapons and or any ‘stolen goods’. If a serious violent has occurred, the police may enter and search without having any reasonable suspicious or any warrant.