Search and seizure

private property really private? Unreasonable search and seizures where he or she feels violated by a sheriff or police officer because they did not have a warrant on them to search the person or their property. The right that is being discussed is protection against illegal search of self, home, or property. A person has the right and should always say no if a sheriff or police officer do not have a warrant with them. Most people say this, “fruit of the poisonous tree”(Understanding Search-and-Seizure Law). Because the evidence is a product of an illegal search. Tree means evidence that the police illegally seize in the place. Fruit means second-generation product of the illegally seized evidence. This right goes under the 4th Amendment because the right of the people to be secure in their persons,…

Search and seizure laws have been around since the beginning of the United States of America, and have a very controversial history.Many deem the way the laws are practiced unconstitutional, and oppressive to minorities, while others think they are just and need to be carried out to stop crime. Police officers have found many missing persons and have also brought down many drug dealers all while staying in the lines of legal search and seizure. Many people fear officers can overstep their…

The Fourth Amendment: Search and Seizure In the Fourth Amendment, it 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” (Cornell University of Law). The Fourth Amendment states its main idea in this statement and through it American citizens and their belongings and records are protected from surveillance, searches, and seizures. However, in today’s digital world government officials have…

Unreasonable search and seizure are important. Unreasonable search and seizure is a serious problem in this country because some police officers will search teenagers without a probable cause. The reason some police officers will search teenagers because they think they can, or they do not fully understand the Amendment to search and seize. This happens all over the United States and is a big problem. The right to know unreasonable search and seizure is a fundamental part of the Constitution…

Search and Seizure Before stepping into someone’s house or property, officers of the law must obtain a search warrant. This is outlined in the Fourth Amendment. Evidence collected at an unlawful search is usually inadmissible in court. Two Layton police officers violated the Fourth Amendment when they stepped in the house of Chelse Brierley to question and arrest her in Utah. She was a suspect in a hit-and-run DUI crash in 2013. The vehicle involved was spotted by a witness in Brierley’s…

On the evening of November 9th, 1989, while exiting an apartment building with a history of drug trafficking, Timothy Dickerson spotted police officers and turned to walk in the opposite direction. In response, the officers commanded Dickerson to stop and proceeded to frisk him. An officer discovered a lump in Dickerson’s pocket of his jacket, and, upon further investigation, the officer believed it to be cocaine wrapped in cellophane. The officer reached into Dickerson’s pocket and confirmed…

Furthermore, the Court of Appeals also referred to the case Terry vs Ohio, and the court specified that the officer in the Terry case had motive to believe criminal activity was about to take place. Though, the officer proceeded to search Terry, he only conducted a surface search, as in his hands never stretched inside Terry’s coat. In contrast, the search performed on Dickerson was much more intrusive, and it went beyond a surface touch. Ultimately, the officer had to explore and manipulate the…

Consent to search and seizure should be granted in a household in which two persons share a computer but use different login names and passwords when both parties are present and both most give consent otherwise officers can only search the consenting persons portion of the computer. If the one person is present and the other person isn’t the only way the person who is home has authority to consent to a search of the whole computer is by providing passwords for both users. It is recommended that…

order to conduct Fourth Amendment invasions in order to administer a reasonable search and seizure. In 1968 the Warren Court, despite its liberal reputation lowered the standards that police officers had to meet. In order to conduct a certain type of search this is now known as “stop’ and ‘frisk. A "stop and frisk" occurs when a uniformed or plain clothed officer, deems a suspect as being armed and dangerous. The officer stops the suspect, conducts an interrogation, and then proceeds by patting…

dog's alert to the exterior of a vehicle provide an officer with probable cause to conduct a warrantless search of the interior of the vehicle?” This was the question that was argued in 2012 at U.S. supreme court. Clayton Harris was charged with possession of pseudoephedrine which can be used to manufacture meth. He was stopped by the Police during a traffic stop for expired registration. The K-9 squad dog alerted the officer of existence of drug. This gave the officer a probable to search the…