05 Jul Intro To Administration Of Justice…..USA LAW….MUST READ AND ANSWER IN FULL
Please create and send me your paper detailing all the conditions under which law enforcement officers can conduct a lawful search and seizure.
SOME INFORMATION ON SEARCH AND SEIZURE FROM OUR SCHOOL SITE TO HELP YOU:
The issue of “Search and Seizure” pertains directly to the Fourth Amendment and the right to privacy. The Fourth Amendment does not guarantee absolute privacy in one’s person, house, papers and effects. The “Right to Privacy” is not guaranteed by the constitution but it is “inferred” from other rights guaranteed by various Amendments. The following identifies the various ways an officer may perform a legal search:
· Search incident to lawful arrest – refers to the police authority to search a person who has been arrested without a warrant.
· Search warrant – refers to a legal document signed by a judge granting permission for police to conduct a search.
· Probable cause – refers to a search based on the likelihood that there is a direct link between a suspect and a crime.
· Plain-view searches – refers to the authority to seize evidence that is clearly visible without a warrant. This requires that the officer had a legal right to be where he was when he observed the evidence. The evidence seized in plain view is admissible.
· Consent to search – If a person gives permission for a search, any evidence discovered is admissible. However, the person who gives the consent must have authority to do so. For example, a parent can give permission to search the room of a legal dependent living in the same house but not that of a boarder who rents a room.
The Carrol doctrine pertains to the search of vehicles and established that evidence obtained in the search of an automobile without a warrant is admissible in criminal court if the police officer has probable cause to believe that a crime has occurred or the circumstances are such that a delay in searching would result in the loss of the evidence. The rule requires that an officer must have probable cause to stop the vehicle in the first place. No probable cause to stop would make the evidence inadmissible.
Terry v. Ohio (1968) pertains to the search of a person and gives police the right to search a person for a concealed weapon on the basis of reasonable suspicion; called the “pat-down doctrine.”
There are a few exceptions to the warrant requirements listed above when the circumstances involve a concern for the public’s safety. For example, police may search without probable cause when not doing so could cause a threat or harm to the public. As such, police may search the area where a weapon may have been thrown by the suspect who is charged for a crime. They may also search airline, bus and subway passengers and conduct searches at borders and schools
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