Searches and seizures

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  • Supreme Court Case: Harris V. United States

    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…

    Words: 710 - Pages: 3
  • Minnesota Vs Dickerson Case Summary

    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.…

    Words: 1014 - Pages: 5
  • Oliver Vs Dunn 1979

    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,…

    Words: 791 - Pages: 4
  • R V N. A Case Analysis

    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…

    Words: 921 - Pages: 4
  • Essay On Lawful Searches

    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…

    Words: 687 - Pages: 3
  • Search Warrant Research Paper

    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…

    Words: 1567 - Pages: 7
  • Constitutional Challenge Case Study

    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…

    Words: 1762 - Pages: 8
  • The Fourth Amendment

    State of America; the law, distinctively 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, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” What Does the Fourth Amendment Mean? The Fourth Amendment of the U.S. Constitution stipulates, the entitlement of…

    Words: 752 - Pages: 4
  • Backscatter X-Rays Disadvantages

    around the country. The backscatter X-ray has pros and cons. Some of the pros is that it it can help passengers not have to worry about bombs being exploded on the plane or someone shooting or being in an environment where people are carrying illegal drugs. Another pro is that the X-ray doesn't hurt your body by physically touching you. All you have to do is place your feet on the mat and raise your hands up for the scanner to do its job. On the other hand, there are many cons. For example, most…

    Words: 589 - Pages: 3
  • Essay On 4th Amendment

    4th Amendment: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Meaning: Members of law enforcement are not allowed to enter someone’s place of residence without a Warrant. Neither shalt members of law enforcement be…

    Words: 671 - Pages: 3
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