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 property. A search warrant is also needed in the event a law enforcement agency attempts to obtain information from electronic devices. These devices include event data recorders and global positioning systems found in most newer vehicles.
Probable cause …show more content…
This is called search incident to lawful arrest. This will allow officers to legally search the persons under arrest, the room they are occupying in a residence, and anything within reaching distance of the detainee. This does not extend to any other rooms of a residence or an entire vehicle. Example is passenger is arrested in your vehicles passenger seat, then police have the right to search the glove box, under the seat, and the console area of your vehicle.
Searching of a person is another lawful search called a pat down search. This allows officers to pat down detainees to ensure the safety of the officers from and concealed weapons. During a pat down search if an officer feels what he believes if a weapon that is being illegally held by the detainee the officer may remove the item for further investigation.
In addition to pat down searches there is a more invasive search that is used do to drug smugglers ingesting or placing items in other orifices of the body. If there is probable cause to believe the suspect is in possession of such items, then a cavity search is required and any illegal drug found are admissible in
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 property. A search warrant is also needed in the event a law enforcement agency attempts to obtain information from electronic devices. These devices include event data recorders and global positioning systems found in most newer vehicles.
Probable cause …show more content…
This is called search incident to lawful arrest. This will allow officers to legally search the persons under arrest, the room they are occupying in a residence, and anything within reaching distance of the detainee. This does not extend to any other rooms of a residence or an entire vehicle. Example is passenger is arrested in your vehicles passenger seat, then police have the right to search the glove box, under the seat, and the console area of your vehicle.
Searching of a person is another lawful search called a pat down search. This allows officers to pat down detainees to ensure the safety of the officers from and concealed weapons. During a pat down search if an officer feels what he believes if a weapon that is being illegally held by the detainee the officer may remove the item for further investigation.
In addition to pat down searches there is a more invasive search that is used do to drug smugglers ingesting or placing items in other orifices of the body. If there is probable cause to believe the suspect is in possession of such items, then a cavity search is required and any illegal drug found are admissible in