Seizure

& Haley, 2014, p. 105). The procedural rights of The Fourth Amendment are the search and seizure of citizens property and/or person in violation of the criminal law, with a meaningful interference by the government. There has to be probable cause. A search and seizure have to be within reason, with a descriptive warrant explaining exactly what is to be searched and seized, signed by a judge. Search and seizure without a warrant can be conducted if the citizen volunteer permission. The Fourth…

enforcing citizen’s arrest by detaining a suspect. “The People contend that the evidence is nevertheless admissible because the search and seizure were made by private persons. They urge that Burdeau v. McDowell (1921) 256 U.S. 465 [65 L.Ed. 1048, 41 S.Ct. 574, 13 A.L.R. 1159], holding that Fourth Amendment proscriptions against unreasonable searches and seizures do not apply to private conduct, is still good law and controlling” (Stanford Law School,…

da v. Harris “Does a drug-detection 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…

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 appropriate judicial authority and conducted by a law enforcement officer. Telling the officer to search a certain area, vehicle, and/or place. Then the officer will bring the search and seizure warrant back to the person who…

primitive and mainly significant entitlements bestowed to the citizens of The United 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…

individuals’ rights to privacy within their houses, papers, and defends them against unreasonable searches and seizures. However, to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant, give the government strict to stipulations as to how they are able to rightfully obtain information that is presumed to be private. Although Searches, Seizures and Warrants seem to have simple guidelines, they are each intricate categories. It is common for…

In the 1984 case of New Jersey v T.L.O., a fourteen year old freshman student’s attorney argues that evidence collected by school officials should be excluded due to a violation of the student’s Fourth Amendment rights to unreasonable search and seizure. The student and her friend were caught smoking cigarettes in the restroom of the high school by a teacher, and escorted to the principal’s office. After claiming that she was not a smoker, the principal demanded that she reveal the contents of…

and Citation: R. v. Paterson,(2017) SCC 15 Court: “Supreme Court of Canada (SCC) and Court of Appeal of British Columbia (British Columbia’s Court of Appeal) Facts of the case: Following an agreement with the appellant to affect a “no case” seizure if he surrenders three marihuana roaches. The police make a warrantless search and entry by police into the home of the appellant. Once inside, the police found a bulletproof vest, a firearm and drugs (R. v. Paterson, (2017)). They arrested the…

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,…

The Fourth Amendment was put into place to protect the rights of the American people to be free from unreasonable searches and seizures. The U.S. Constitution specifically states “no Warrants shall issue, but upon probable cause…” (U.S. Constitution – Amendment 4). Additional, the U.S. Supreme Court ruled that some searches and seizures may be classified as constitutional based on reasonable suspicion and not justified as probable cause. (Lushbaugh, C. A. and Weston, P. B. (2012) Probable…