Searches And Seizures Essay

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High School Creative Writing S 2012 - Searches And Seizures Essay

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 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.When the British ruled, before the uprisings of colonists, they were allowed to search and enter any property they wished."Writs of assistance" were supposed to be official documents allowing the British authorities to enter a home to search or seize any smuggled goods.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.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.Probable Cause • Since probable cause it based on reasonable belief, arresting without a warrant requires the police officer to use his/her own judgment as to what would be deemed reasonable under the circumstances and be upheld by a judge or District Attorney. It also ensures that the people are "secure in their persons, papers and effects against unreasonable searches", unless a Warrant has been obtained after probable cause has been established. The Fourth Amendment states that "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 ...The police made these searches randomly without any probable cause at all, which was their biggest fault. The police operated these searches without probable cause. These policeman were conducting these searches without any probable cause. The police force made these searches and seizures without any probable cause. An officer's right and duty to search should depend solely on probable cause. Probable cause is never established (in my opinion) and a search should not be conducted.. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure, 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."" ...


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