Searches And Seizures Essay

Searches And Seizures Essay-63
This article provides the basics of vehicle search and seizure laws after a traffic stop.

Search and Seizure The Fourth Amendment guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." ...

The Supreme Court argued that evidence gathered in an illegal manner, without probable cause or without a search warrant, should be excluded from criminal trials. The logic followed that if police understand that evidence seized in a manner that violates any of the provisions of the Fourth Amendment will be excluded from court proceedings, they will less likely conduct searches without warrants or with...

The major goal of this paper is to discuss the Fourth Amendment Warrant Requirement and Justifications for Warrantless Arrests and Searches. Actually, the Fourth Amendment Warrant can be applied to search or seizure under some particular circumstances. According to the law, searches and seizures that are performed without a lawful warrant are considered to be unacceptable. In this case, the Fourth Amendment does not demand to establish the probable cause for the arrest based on the same conduct as the crime identified by the law enforcement officer during the initial encounter. Supreme Court’s decisions, the fundamental constitutional rule applied to this issue is that if searches and seizures are conducted without a warrant or the approval of the judge, under the Fourth Amendment, these legal actions are considered to be unreasonable. Supreme Courted ruled that some circumstances can affects the court decision regarding the legality of the warrantless arrests and searches. Under some circumstances, warrants arrests based on probable cause are “consistent with the historic practice of the common law as well as with state statutes and state constitutions and therefore under the Fourth Amendment” (Lippman, 2010, p. In other words, the warrantless arrest of individuals is permissible when the law enforcement officers obtained a warrant.

The Fourth Amendment Warrant Requirement The Fourth Amendment is an important constitutional amendment which sets certain standards for search warrant and protections against unreasonable search and seizure. At the same time, any evidence that has been seized without a lawful warrant should be suppressed. Supreme Court ruled that “although an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some of the underlying circumstances from which the affiant concluded that the informant, whose identity was not disclosed was credible and his information reliable” (, 543 U. Justifications for Warrantless Arrests and Searches Although the U. Supreme Court has a preference for searches and seizures conducted under a warrant, there is much evidence that not all searches and seizures can be included in this category. Nevertheless, many arrests and searches are justified and can be conducted without a warrant. According to researchers, “warrants may slow the enforcement of the law”(Lippman, 2010, p. In general, in order to be lawful under the Fourth Amendment, a search, seizure or arrest conducted by law enforcement officers should be based on some probable cause. Supreme Court ruled that a warrantless arrest inside a house was constitutional.

Conclusion Thus, it is necessary to conclude that search warrants help to protect the privacy of citizens by demanding authorities to prove the need for the search or seizure of an individual’s property under particular circumstances. Nevertheless, there is justification for warrantless arrests and searches which is defined by the U. Besides, warrantless searches are justified during arrests.

A police officer conducting a traffic stop may search your vehicle and seize evidence without a warrant under certain conditions. Under the exclusionary rule, the prosecution cannot use any evidence or information obtained from an illegal vehicle search.Nevertheless, there is justification for warrantless searches at the time of an individual’s arrest.There are three fundamental reasons for warrantless searches during the arrest: the chance to identify if the person is concealing weapons, the need to prevent the escape of the person during the arrest procedure and the need to prevent the destruction of important evidence (Lippman, 2010). Constitution is a good example of legislation that can be used to prevent unreasonable search or seizure. The major goal of the police officers who are allowed to conduct warrantless searches and seizures is to preserve evidence. The issue regarding warrantless arrests and searches has been widely discussed in academic literature (Kleiman, 2011). Constitution, the Fourth Amendment does not prohibit warrantless arrests for minor crimes that require punishment in the form of a fine (, 532 U. The probable cause is necessary in order to obtain a warrant from the judge. Supreme Court expresses a preference for searches and seizures made pursuant to a legally executed warrant. Constitution provides legal protection against unreasonable search and seizure conducted by federal government agents and law enforcement officers who are planning to use that evidence in a criminal process. The Supreme Court decisions regarding the legality of unreasonable arrests and searches are based on the Fourth Amendment (Kleiman, 2011).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). Constitution protects citizens from unreasonable search and seizure, but interpretations of "reasonableness" have changed throughout history.The line between lawful and unlawful vehicle searches can seem a bit blurry, and is frequently redefined by courts, so understanding the law is in every motorist's best interests.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.• The amount of evidence used for probable cause may be less than that used for proving guilt. The Fourth Amendment restricts the government or anyone acting as an agent of the government from entering some ones" home to conduct a search or seizure without a search warrant.


Comments Searches And Seizures Essay

The Latest from ©