Searches And Seizures Essay

Searches And Seizures Essay-21
No time for a Warrant • Police can make a warrant-less arrest based on probable cause • Probable cause is defined as a reasonable belief that a person has committed a crime.

No time for a Warrant • Police can make a warrant-less arrest based on probable cause • Probable cause is defined as a reasonable belief that a person has committed a crime.

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This article provides the basics of vehicle search and seizure laws after a traffic stop.

When Vehicle Searches are Legal Generally, an officer may conduct a search of your vehicle under one of the following conditions: An officer may ask to search your vehicle without a warrant even if he or she is not authorized to do so.

This amendment continues to produce controversy and remains debated in our society today. A general warrant was required which needed probable cause to obtain or, if the situation did not require a warrant, then proper reason was needed. Carrington case, the Supreme Court of England defined the scope of a search within listed items on the search warrant connected to criminal activity, requiring probable cause (Fourth Amendment, 2003).

Colonial America played a significant role in the reasoning and shaping for the fourth amendment.

It also states that no searches and seizures can be conducted without probable cause nor can any warrants be issued. The topic of probable cause stretches back to England in the 1600's.

This is very vague, and the term "probable cause" has been left widely un-interpreted after the ratifying of the constitution. When did it become a factor in our early American society? The Semayne's case in 1604 established the right of a homeowner to defend his home against unlawful entry from the king's agents.According to researchers, “warrantless arrests are more common than those with a warrant”(Emanuel, 2009, p. However, warrantless searches depend on the availability of one of the exceptions to the warrant requirement to be lawful. In other words, a law enforcement officer who is planning to arrest an individual without a warrant must be based on the availability of the probable cause to believe that an individual has been involved in criminal activity. In fact, the term “search warrant” can be defined as a legal written order signed by the court officials to authorize a law-enforcement officer or government agent to conduct a search or seizure (Buckles, 2006).The probable cause forms the basis of legality for arrests, searches and seizures without a warrant. In other words, a search warrant authorizes to conduct a search for a person (or persons) suspected of a crime. Supreme Court ruled that the warrantless arrest was legal."The right of the people to be secure in their persons, houses, papers, 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" (Fourth Amendment, 2003).The fourth amendment to the United States Constitution is an important addition that guarantees" our right to be free from unreasonable search and seizure.The constitution clearly states there must be probable cause to search a person's property. The fourth amendment to the United States Constitution states, "The right of the people to be secure in their persons, houses, papers, 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." ... In relation to searches, probable cause is very space specific. The problem is that in this search, probable cause as it is defined by the U. Well I think, it means when the reason for a warrant doesn't make sense and isn't based on probable cause, which is the thoughts of everyday people/average person. Any search of the person, home, automobile, and any other belongings without proba...This new kind of legislation has broadened the government's power over searches and seizures. "The right of the people to be secure against unreasonable searches and seizures," means th... The Purpose of a Search and Seizure Evidence search serves the objective of identifying the existence and place of evidence; searches consist of checking the location with the purpose of discovering criminal evidence. The nature of a search constitutes an interference of a person's right to privacy, as well as, a constitutional condition against any unreasonable search and seizure. 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 ...Constitution states as follows: "The right of the people to be secure in their persons, houses, papers, 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." ... They came to her house, and she refused them in without a search warrant. The Fourth Amendment Warrant Requirement that governs the search of a crime scene is that “authorities must comply with the Fourth Amendment to the U. The court should rule that the search is reasonable under the particular circumstances (Buckles, 2006; Kleiman, 2011). Supreme Court has ruled that there should be a probable cause for the search or seizure when the circumstances of the case form the basis for an individual to believe that he/she has committed a crime (Kleiman, 2011). Today it is necessary to classify many exceptions to the search and seizure warrant requirements (Lippman, 2010). Justifications for warrantless arrests and searches depend on the availability of the probable cause. Gordon (1978), “a warrant is never required to make either an arrest or a search when exigent circumstances exist”(p.1550). Supreme Court ruled to give postal inspectors the right to perform warrantless searches and arrests based on probable cause, even if they have to arrest someone in public. The law enforcement officers had enough evidence used to produce the probable cause to believe that the crime was committed by Santana.Moreover, the application for a lawful search warrant to a particular case should be supported by a sworn statement made by a law enforcement officer in the court. The term “probable cause” means some probable reason for having a belief in the fact that an individual has committed a crime. There are three important cases that illustrate various aspects of the ability of law enforcement officers and government agents to conduct arrests without a warrant. In the case (1980), the Court found that the police entry was unconstitutional and “beyond the scope of the police’s right to make warrantless arrests” (Emanuel, 2009, p. The police entered the house when there was no one inside it. Supreme Court has ruled that police officers have the right to stop suspicious individuals in the street in order to search them for weapons (Buckles, 2006; Emanuel, 2009).

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