StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Search and Seizure - Essay Example

Comments (0) Cite this document
Summary
Search and Seizure: ’Search and Seizure’ are couple of legal terms (usually used together) in civil and common law systems, where law-enforcement authorities or their representatives, search a person’s property and confiscate valuable evidence to a purported crime…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER94% of users find it useful
Search and Seizure
Read Text Preview

Extract of sample "Search and Seizure"

Download file to see previous pages Searches and seizures are used to produce evidence for the prosecution of alleged criminals. The police have the power to search and seize, but individuals are protected against Arbitrary, unreasonable police intrusions.” (http://legal-dictionary.thefreedictionary.com, 2011) The provisions under the search and seizure law are not uniform across countries. For example, some countries allow citizens the right to be free from what they deem to be “unreasonable search and seizure”. Often this right is derived from broader rights to individual privacy. In most cases of ‘search and seizure’, the police officers are required to possess a valid search warrant before they commence their operations. In the United States law, the Fourth Amendment to the Constitution 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 Warrants shall not be issued, 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.” (http://legal-dictionary.thefreedictionary.com, 2011) This amendment is rather brief, leaving jurors to bank upon precedence and previous rulings on similar cases to ascertain legality of a contested ‘Search and Seizure’ operation. Not only is the amendment brief, but it is also subjective and vague at places, leaving juries to read situations based on the spirit of the law as opposed to its actual stipulation. Moreover, although consent must be voluntary and essential before the procedure begins, there are no clear-cut tests through which it is obtained. As a result, the court will consider the ‘totality of circumstances’ in deciding if the consent was voluntary. The urgency of a particular case is also important, as it will help ascertain whether police officers could have afforded to waste time before the evidence gets hidden or disposed off by the suspect. It is a reflection of lack of comprehensiveness of the Fourth Amendment that such phrases as “reasonable expectation of privacy”, “exigent circumstances”, “probable cause”, etc are used in court trials and during ‘search and seizure’ procedures. (Amsterdam, 1974, p.350) In the context of the United States, most ‘Search and Seizure’ operations occur as a way of checking illegal trafficking of drugs or suspicious transfer of huge sums of money. In the post 911 scenario, ‘search and seizure’ procedures are employed as a way of gathering intelligence to prevent possible attacks. For example, in a hypothetical scenario, the police may have been tipped about an impending terror attack, wherein the bombs are ticking and are hidden in a vehicle. In this case, it would be imprudent to consider the privacy rights and property rights of the owner of the car before locating and disposing of the bombs. Another common scenario where Search and Seizure procedure is carried out is to catch tax-evasion. The police, on a tip-off from the IRS, proceed to conduct a surprise raid on the premises of the suspected tax-evader, so that they could get hold of crucial evidence that stands contrary to the stated claims in tax returns. ‘Search and Seizure’ procedures come in conflict with rights to privacy and also rights to property. Hence, as a way of priming citizens toward this law, law ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Search and Seizure Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from https://studentshare.org/law/1430433-search-and-seizure
(Search and Seizure Essay Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/law/1430433-search-and-seizure.
“Search and Seizure Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/law/1430433-search-and-seizure.
  • Cited: 1 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Search and Seizure

Impact of Search Engines on Page Popularity

...Describe the sources of bias that are found in search engine rankings and discuss the extent to which these may be commercially, politically or culturally important. Table of Contents Abstract I. Introduction II. SE ranking i. SE ranking a. User Query b. Factors Determining Query Scores ii. SE Page Ranking bias iii. Sources for SE ranking bias III. Impact of SE ranking bias i. Commercial impact ii. Cultural impact iii. Political impact iv. Social Impact IV. Conclusion V. Reference Abstract This paper focuses on Search Engine page ranking system. Various Page Ranking (PR) computing methods are evaluated to determine the source of bias in SE page ranking. Some of the reasons for SE bias are paid placements, provider’s choice of SE...
8 Pages (2000 words) Case Study

The Search Engine Google

...Search Engines as an Advertisement Tool A search engine is a tool designed to search for information on the internet. The three most popular search engines of today are Google, Yahoo, and MSN. Other search engines include Lycos, AllTheWeb, AltaVista, AOL, Netscape, Earthlink, Ask Jeeves, and thousands of smaller and less popular search engines. Of primary importance is Google, which holds about a quarter of the search engine market—that is, 75% of the people who use search engines rely on Google to search for what they want (Kent, 2004 pp. 9-10). For this reason, this report will be focusing on the search engine Google as an example. Another reason that we use Google is that it also provides results to other “partner” search engines...
10 Pages (2500 words) Term Paper

Mans Search for Meaning

...Name Instructor’s name Course Date The unexamined life is not worth living- Synthesis using Frankl's “Man's Searching for Meaning” and Freire's "Banking Concept of Education” Synthesis refers to the bringing together of an assortment of concepts and presenting them as a whole. Using Viktor Frankl’s Man's Searching for Meaning and Paulo Freire's Banking Concept of Education, this essay attempts to form a synthesis that analyzes Socrates’ renowned quotation, ‘the unexamined life is not worth living’. Socrates said this famous quote when he was in trial for his heresy. He was put through the trial for standing against and challenging the accepted beliefs of that time. He also instilled this sense of challenging the accepted beliefs in his...
7 Pages (1750 words) Essay

History of Helicopter Search and Rescue Operations

...List abbreviations FLIR -Forward-looking infrared GPS - Global Positioning system IAFC -International Association of Fire Chiefs, NFPA -National Fire Protection Association RCC -Rescue Coordination Center SAR - Search and rescue History of helicopter search and rescue (SAR) operations People get stranded and are exposed to a number of imminent life threatening dangers. Dangers are caused by violent storms, fires, snow, high tides, and rain. A cruise ship can get fire and sink in waters; an airliner (aircrafts) can get down; and building may burn. Search and Rescue (SAR) refer to searching for or providing aid to people, ships or other craft in imminent or actual danger or distress. Through SAR, people in distress or danger...
7 Pages (1750 words) Term Paper

Police Power of Search and Seizure

...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.” (Bridegam & Marzilli, 2005) The search and seizure powers of the police in the United States of America are provided for in their Constitution that has undergone changes in order to cater for emerging issues that impact in various ways upon the American society (Bridegam & Marzilli, 2005). The American Constitution provides for the Bill of Rights, which encompass on a myriad of issues affecting the American...
6 Pages (1500 words) Term Paper

Search for the Spirit by Laennec Hurbon

...Search for the Spirit by Laennec Hurbon The book, Voodoo: Search for the Spirit by Laennec Hurbon, is an informative and accurate overview of the history and development of voodoo. It contains an introduction to the religion, seven chapters outlining various aspects of voodoo, and many photographs, illustrations, documents and explanations relating to important concepts and ideas contained in this religion. Hurbon also provides a useful list of further reading, a glossary of terms used in voodoo and their meanings, and a timeline, summarizing the development of the religion. The aims of the religion are explained effectively and the cultural and social context of voodoo is explored. Voodoo is not considered to be one of the mainstream...
12 Pages (3000 words) Book Report/Review

Googles Search Engine Market Share

...Company Analysis Table of Contents II. Mission and Vision Statement 2 III. Strategy 3 IV. Objectives 4 V. SWOT Analysis 5 A. Strengths 5 B. Weaknesses 6 C. Opportunities 6 D. Threats 7 VI. Porter’s Five Forces 7 A. Competitor Rivalry 7 B. Buyer Bargaining Leverage/Power 8 C. Supplier Bargaining Power 8 D. Threat of New Entrants 8 E. Threat of Substitutes 9 VII. Competitor Profile Matrix 9 VIII. EFE 10 IX. IFE 10 X. Brief Financial Analysis 11 Works Cited 13 I. Company History Google is in the business of providing targeted ads culled from its search engine capabilities, and touts itself as the organizer of the information present in the world, and in particular on the Internet. As a worldwide concern, its key business growth drivers...
11 Pages (2750 words) Research Paper

Stop and Search Data in the Lynfield Local Police Force

... Contents Introduction 1 Analysis 2 List of Questions that were asked during the survey 2 Hypotheses 3 Descriptive Statistics 3 Hypothesis 1 5 Hypothesis 2 5 Hypothesis 3 6 Bivariate Analysis 7 Conclusion 11 Scope for future studies 12 References 13 Introduction The Lynfield local police force has collected the stop and search data for the last year. The force wants an analysis to be done on the data. The police force wants to identify suitable trends that might define stop and search data for the last year. In particular, the police force wants to ascertain if there are any trends that indicate disproportionate and/or discriminatory exercise of stop and search. For this purpose, the police force has collected the stop/search data...
8 Pages (2000 words) Statistics Project

Search and Seizure of a Motor Vehicle

... of a car, but with reasonable course Justification includes suspicion of carrying weapons Probable cause can depend on officer’s perception of prevailing circumstances Introduction Search and seizure is the process involving a search of an individual’s property by an officer of the law who has reason to believe the subject has committed, or been used in the committing of a crime or otherwise involved in unlawful activity. This is a legal procedure that is allowed in majority common laws; however, the fourth amendment in the constitution of the United States guarantees the freedom of citizens from unreasonable searches and seizure on their property (Thomas, 2010). Thus, before a search and seizure of properties is carried out...
6 Pages (1500 words) Research Paper

Point of View: In Search of Truths about History and Society

... March 19, Point of View: In Search of Truths about History and Society The truth is complex because different people will talk about it differently, at times, even inconsistently. Thomas King’s “A Coyote Columbus Story” and Herman Melville’s “Bartleby the Scrivener” are two stories that seek to examine the truths behind stories and histories. For King, he wants readers to reflect on the history of Native Americans and colonialism, while Melville encourages his audience to re-think what they know about the human society and capitalist civilization. The implied author for King is a Native American retelling the story of Columbus to young Native Americans in specific and the audience in general, whereas the implied author for Melville...
14 Pages (3500 words) Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Search and Seizure for FREE!

Contact Us