CHECK THESE SAMPLES OF Law of Evidence: Search and Seizure
In ongoing pursuit of criminals, seizure and search are important in providing evidence for prosecution of criminals (Cole & Smith, 2009).... This essay explores the process by which a search warrant is issued and sought, in regard to Fourth Amendment requirements.... Police have the power to seize and search, but the alleged criminals are protected against arbitrary and unreasonable intrusions from the police.... In that regard, the overall focus of this essay is to discuss the ongoing process by which a search warrant is issued and sought, emphasizing on the requirements of Fourth Amendments, define the probable cause and the standard by which the probable cause is met....
10 Pages
(2500 words)
Assignment
The Fourth Amendment curtails the power of the police to search people including their property, seize their objects and make arrests.... A search is an infringement of the right to privacy while seizures interfere with the possessory rights of the individuals, including right to property ownership.... For a search to be legally carried out, it is subject to the proviso that a search warrant has to be issued by a judge.... An application for search warrant has to be supported by an oath or affirmation, and to specifically state the place to be searched or the things or persons to be seized....
5 Pages
(1250 words)
Essay
47 (1967) This case affirmed that wiretapping of conversations in public payphones without a warrant grossly violated the protections against unreasonable search and seizure as enshrined in the Fourth Amendment.... Name Professor Course May 29, 2013 search and Seizures Introduction The Fourth Amendment in the United States of America states that the right of the citizens to feel secure about themselves, in their houses, papers and effects against what is known as unreasonable searches and seizures cannot be violated....
5 Pages
(1250 words)
Essay
Thus, as the search and seizer of Mr.... Smith give his agreement to the search and seizer owing to which the Constitution might depict sympathy towards the defendant (i.... Hence, in the language of the prior decisions, “There is no seizure without that person's actual submission” as unambiguously mentioned in the cases of California v.... Arguments used by framers of the Constitution while debating the language of the document When amending the Constitution, the framers have been arguing on the actual purpose of the provisions in respect of using a proper warrant when conducting a search or a seizure or both....
4 Pages
(1000 words)
Research Paper
The Fourth Amendment protects a person against any search and seizure which that violates their reasonable expectation of privacy (LaFave, 2004).... If the search and seizure are declared unreasonable, then the police cannot use the evidence obtained from the search and seizure in criminal trials.... A seizure is the interference of the possessory interest in property of a person.... A search usually occurs when an expectation of privacy that is considered by the society as reasonable is infringed by a government employee....
5 Pages
(1250 words)
Essay
William Ellis's lawyer could argue to have the physical evidence excluded by claiming that the evidence obtained is in violation of William's well entrenched right to unreasonable search and seizure.... The search warrant will serve as the basis of what the police can search and seize in a person or a property through the specific descriptions indicated in the search warrant.... For example, a police is in patrol, if the police hear an alarming shout from the resident while he is on duty, the police can enter the premises to search and arrest the suspect for spousal abuse or child abuse....
5 Pages
(1250 words)
Term Paper
Doe's text messages via a cloned phone was but an unreasonable search and seizure, exceeding the provisions of the Fourth Amendment.... nbsp; The degree to which the principles of search and seizure promotes legitimate collective interests must not be lost.... Doe's text messages via a cloned phone was but an unreasonable search and seizure, exceeding the provisions of the Fourth Amendment.... It is important to note that though individual's privacy is doubt fundamental in this case, the degree to which the principles of search and seizure, more so of crucial evidence, promotes legitimate collective interests must not be lost, for laws enjoyed by every citizen of this nation also carry certain responsibilities (Bond v United States 539)....
2 Pages
(500 words)
Essay
hellip; According to the paper, Private search and seizure and the Fourth Amendment, in State v.... Nevertheless, the “automobile exception” allows police to conduct any immediate search on a vehicle without seeking a warrant as it would take a lot of time to find a warrant and the vehicle may have moved away from the jurisdiction.... Yourprop may direct the police officers to search the vehicle parked in the parking lot as there is probable cause that it may be carrying digital evidence of the company's intellectual property....
5 Pages
(1250 words)
Essay
