Why is a 'Frisk' Considered a Search and an 'Arrest' Considered a Seizure - Coursework Example

This is within the definition of a search which means the “examination of a person, place or vehicle for contraband or evidence of a crime” (Harr, Hess, and Orthmann 195-6). When a police officer pats-down a detained person in search for possible dangerous or illegal possessions, obviously, the detainee is just being searched. The person is not being taken into long-term custody --- or at least not yet. It could be a preliminary for an arrest, but as it is, the act of “frisk” is not a seizure.

On the other hand, an arrest is is very much different from a mere frisk. First, an arrest requires the Miranda warning. This is because the detainee will undergo “maximum interference” (Harr, Hess, and Orthmann 232) that might seriously put at risk his freedom and privacy. A seizure is defined as “the taking by law enforcement or other government agent of contraband, evidence of a crime or even a person into custody” (Harr, Hess, and Orthmann 195-6). . Therefore, “all searches must be limited in scope” (Harr, Hess, and Orthmann 272).

Provide your own definition of reasonable. => Several factors are at play when it comes to defining what is reasonable. The biggest factor to consider is that “reasonable” is something that is objective rather than merely subjective to a personal viewpoint. To view “reasonable” as subjective would not only create a chaotic definition, but would also provoke several infringements on the basic rights of an individual. Generally speaking, something that is reasonable should fall under two basic concepts: 1) meeting of fundamental constitutional rules, and; 2) fitting within permissible realms (Harr, Hess, and Orthmann 271).

Obviously, anything that is deemed reasonable will be accepted in courts. Therefore, since the courts look at evidences based on “specific and articulable facts” and the “totality of the circumstances” (Harr, Hess, and Orthmann 282), what is considered “reasonable” should also fall under these definitions. The police officer must also consider his or her “training and experience” (Harr, Hess, and Orthmann 284) as factors that could help define what is reasonable for a specific situation.

Discuss the advantages to obtaining a warrant. => One of the biggest advantages of obtaining a warrant is it “provides a presumption of reasonableness” (Harr, Hess, and Orthmann 272). Furthermore, since there is an “assumption that people have the right to be free from unreasonable searches and seizures,” obtaining a warrant frees the law enforcement officer from the burden of articulating probable cause in a warrantless