Searches and seizures

Each one of these scenarios would render its own determinant of whether the courts decide the seizure of supplementary evidence was or was not admissible as evidence. Although, per Hendrix (2013) “…protective sweeps procedures may be initiated even if police only suspect that other search persons are present on the premises, and they may lawfully seize any evidence that is in the plain view during the search, or sweep” (p.160), it does not guarantee that that evidence will be admissible as evidence if the search is later deemed as unlawful. Accordingly, because the Fourth Amendment protects the accused against unlawful searches or searches done without probable cause, and because this additional evidence was regarded as illegal, it would not be admissible as evidence. The moral behind not allowing the evidence into court must do with making sure the courts do not infringe upon the rights of the individua. Moreover, Fischer (2016) clearly explains that “…even the most arcane of regulations has an implicit moral behind…

Issue: Was the evidence obtained for a search warrant obtained through an illegal search? If the search is found to be illegal, should all the evidence gathered be suppressed? Cases: The Fourth Amendment details legal searches and seizures and the right to ban illegally obtained evidence in court. There are three questions that are addressed when dealing with Fourth Amendment searches. Was the law enforcement act a search, if it was a search was it reasonable, and if it was found unreasonable,…

As American citizens, we enjoy safeguards against unreasonable searches and seizures afforded to us by the 4th Amendment. Furthermore, the 4th Amendment grants us a reasonable expectation of privacy within our homes and on our persons. But, you may ask, what about when we are in our vehicles? Do we enjoy that same level of privacy as we do in our homes? According to our textbook no, we don’t. Our vehicles have a lesser expectation of privacy for several reasons, among them are mobility,…

Lawful Searches Law enforcement officers are bound to certain rules that limit their powers of search and seizure. These rules are governed by constitutional rights and administered by the supreme court. These rules were placed on officer to prevent corruption and protect the rights of citizens from corrupt officers. The use of a search warrant signed by a judge must accompany a search of residences that are believed to have evidence that prove the guilt of a suspect residing on the…

This paper is going to explain who can issue a search warrant, the grounds on why a search warrant will be issued, who issues it, and the people and location to be searched, and items that can be seized. I will also be informing you on who can issue a search and seizure warrant. I have attached a search and seizure warrant. The search and seizure falls under the Fourth Amendment. Let me begin with what a search warrant consists of. It’s a court order in writing. It’s signed by the…

amendment and the Terry search (Minnesota v Dickerson, 1993). Indeed, in Michigan vs. Long, the Court held that in the context of that case, a Terry search allowed the search of the individual and passenger’s compartments of the automobile to ascertain beyond doubt that the defendant was not armed and dangerous. In limited cases, the Court held that when contraband is retrieved, then the officer cannot ignore the contraband as the Fourth Amendment does not suppress it under those circumstances.…

Carmody then discusses the common law public policy discretion; quoting Halliday v Nevill ‘The warrant process acts as a safeguard in the “contest” between public authority and the security of private dwellings and property’. Moreover, comparing Australian authority that ‘police lawfully on premises cannot search them … before arrest merely on the basis of reasonable suspicion’ and Lord Denning’s obiter in Ghani v Jones that allows for ‘a public interest-based judicial discretion’ to receive…

There are four factors used when distinguishing the open fields of curtilage. In Del Carmen (2012), the factors appear and are explained beginning with “The proximity of the area to the home, whether the area is in an enclosed surrounding the home, the nature and uses of the area, and the steps taken to conceal the area from public view.” An example of this could be that an officer investigates a reported stolen car that remains in an open field that does not contain a fence, the owner of the…

1. Analyze Officer Edwards 's searches, if any, and note which may survive constitutional challenge. Officer Edward and Officer Casey are set up a road block to catch drunk drivers, during this roadblock they stop a blue minivan. This action in itself would withstand a constitutional challenge since roadblocks such as these are allowed in most states. The length of time officer Edwards interrogates Jane might be questionable. Considering that he notes no signs of intoxication of any…

At around 11:50 pm of Friday October 21, 2016, Adrian Prather has went to do floor rounds for the hall while having Nicholas Vincent watch over the entrance and lobby area of the dorm. Adrian Prather has reached the second floor and has smelled marijuana on the south side of the fourth floor. At 12:00 am of Saturday October 22, 2016, Adrian Prather has called Nicholas Vincent to ask to come to help investigate which room may be smoked out on the end of the fourth floor hallway. Adrian Prather…