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SEARCH AND SEIZURE- CRIMINAL LAW Introduction The laws of every nation continue to see amendments with the hope of making the laws as infallible as possible. On the whole, laws undergo the transitions they go through because of the ultimate aim of ensuring that laws of the nation become the most comprehensive tools for ensuring fairness, justice and equality for all citizens of the nation…
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Download file to see previous pages Since the enactment and implementation of this law and its subsequent amendment known as the 4th Amendment, there have been several public and academic reviews on the law. Whereas some of these reviews seek to educate the public on the mandate and interpretation of the search and seizure law, others seek to criticize the law whiles others on the other hand seek to magnify the merits of the law. In this essay, there is an integrated approach to critically analyze the search and seizure law from the view points of as many schools of thoughts as there are on the law. Overview of the Search and Seizure Law The search and seizure law entails much more than we hear in its name. This is to say that the law goes beyond just searching a person or a place and seizing items. Broadly, ““Search and seizure” refers to the methods used by law enforcement to investigate crimes, track down evidence, question witnesses, and arrest suspects” (US Legal, 2011). This means that the search and seizure was enacted with the need to track down on criminal activities by gathering and gaining enough grounds for evidence and conducting investigation. For example when a civilian gives off a police tip about a person involved in the dealing of drugs, one of the best ways the police can gather evidence on the authenticity of the suspicion on the otherwise of the suspicion is to search the suspect or his or her premises. In case drugs are truly found, the police would best represent their case in court when they seize the drugs as evident. The application of the search and seizure law in the United States however varies from State to State (US Legal, 2011). The fundamental principle based on which the law works however remains the same; regardless of the State using the law. Due to the technicality of the search and seizure law, it is ably backed and guided by other constitutional laws, commonly known as the 4th Amendment. Search and Seizure and the 4th Amendment Laws are made to protect the citizenry. This means that laws must be devoid of rooms that permit the abuse of the fundamental human right of people. Having talked about the concept and idea behind the search and seizure law, one may be tempted to think that the search and seizure law would give room for the police and perhaps other security and intelligence agencies to abuse the privacy and safety of civilians. This is far from true. This is because the mandate of the police in using the search and seizure law is controlled by the 4th Amendment. In this regard, Bergman (2010) explains that “the 4th Amendment to the U.S. Constitution places limits on the power of the police to make arrests, search people and their property, and seize objects and contraband (such as illegal drugs or weapons).” This is to say that the 4th Amendment is a policing tool for the police in executing their search and seizure jurisdictions. The 4th Amendment works on the principle and basis of privacy of individuals. At the same time however, the 4th Amendment preserves the sanctity of the search and seizure law and therefore strikes a balance by protecting individuals against unreasonable search and seizure and not just against search and seizure. Bergman (2010) ...Download file to see next pagesRead More
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