Searches And Seizures Essay

Searches And Seizures Essay-18
But motorists always have the right to say no, and illegal searches can be challenged later in court.If you consent to a search, however, any evidence obtained may be used against you.

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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.

In most states, search and seizure rules pertaining to automobiles are not as strict as those relating to one's home.

For example, an officer may conduct a warrantless search of those areas immediately within the driver's reach, which includes the glove compartment and the vicinity of the front seat, if the officer suspects weapons or other potential immediate threats.

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 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.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. 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. 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 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.

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