Introduction This paper will define and compare the legal terms “Search” and “Seizure”. It will also compare three or more elements of the terms. The paper will identify one police procedure that relates to search or seizure. It will describe some ethical issues that law enforcement faces enforcing the laws of our society while not violating the Fourth Amendment rights, but still bring people in that violate the law. The first definition of Search is go or look through (a place, area, etc.) carefully in order to find something missing or lost. The second one is to look at or examine (a person, object, etc.) carefully in order to find something concealed. The third on is to explore or examine in order to discover (http://dictionary.reference.com/browse/search).
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The legal definition of Seizure is law enforcement taking cash, property, real estate or vehicles in connection with criminal activities. These type of properties could also be seized in reference to satisfy a judgement as long as proper paper work has been served. The constitutional limitations on any seizure is due process requirements, a notice that the property will be seized from failure to pay the unsatisfied judgment. In order for law enforcement to place evidence in the court room to show a crime was committed, they should have a search warrant or probable cause that would show a crime had been committed and there was no time to gain a search warrant should exist. The elements of a seizure are (1) intending to seize an object (including a person), (2) exercising authority to do so, (3) physically controlling the object, and (4) the understanding of what is happening such that a reasonable person would not feel free to leave. A seizure need not necessarily be an arrest, but all arrests are seizures (Harr, pg. …show more content…
There has been several ways law enforcement had perceived this over time. The Supreme Court has always settled the real meaning of this amendment. A police officers has to decide most things in seconds before taking action against a suspect. The criminal justice system demands that officers make in good faith the best decision possible to up hold the constitutional rights of everyone. The Supreme Court has always recognized this difficult job that police have had, given the understanding of the law, the police normally make good decisions under challenging circumstances. The constitution continues to give law enforcement the tools they need to carry out their duties in an almost limitless number of situations (Harr, pg. 213-214). The Exclusionary Rule comes into place when a police officer violates the constitutional rights of a person, by doing unlawful search and seizure, stop and frisk, this could bring on server consequences to the officer and the case. This type of action could prevent seized evidence from being place or admitted in court. The officer could be sued along with their agency or the officer could be even prosecuted under some of the circumstances (Harr, pg.
The legal definition of Seizure is law enforcement taking cash, property, real estate or vehicles in connection with criminal activities. These type of properties could also be seized in reference to satisfy a judgement as long as proper paper work has been served. The constitutional limitations on any seizure is due process requirements, a notice that the property will be seized from failure to pay the unsatisfied judgment. In order for law enforcement to place evidence in the court room to show a crime was committed, they should have a search warrant or probable cause that would show a crime had been committed and there was no time to gain a search warrant should exist. The elements of a seizure are (1) intending to seize an object (including a person), (2) exercising authority to do so, (3) physically controlling the object, and (4) the understanding of what is happening such that a reasonable person would not feel free to leave. A seizure need not necessarily be an arrest, but all arrests are seizures (Harr, pg. …show more content…
There has been several ways law enforcement had perceived this over time. The Supreme Court has always settled the real meaning of this amendment. A police officers has to decide most things in seconds before taking action against a suspect. The criminal justice system demands that officers make in good faith the best decision possible to up hold the constitutional rights of everyone. The Supreme Court has always recognized this difficult job that police have had, given the understanding of the law, the police normally make good decisions under challenging circumstances. The constitution continues to give law enforcement the tools they need to carry out their duties in an almost limitless number of situations (Harr, pg. 213-214). The Exclusionary Rule comes into place when a police officer violates the constitutional rights of a person, by doing unlawful search and seizure, stop and frisk, this could bring on server consequences to the officer and the case. This type of action could prevent seized evidence from being place or admitted in court. The officer could be sued along with their agency or the officer could be even prosecuted under some of the circumstances (Harr, pg.