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Police Power of Search and Seizure - Term Paper Example

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The author of the "Police Power of Search and Seizure" paper states that there are positive outcomes to this power of the police in that there is increased security, especially in the highly-populated areas, thereby boosting the confidence of the citizenry…
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Police Power of Search and Seizure
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Download file to see previous pages In order to guard against arbitrary intrusions by police enforcement officers, there was a ratification of the Fourth Amendment of the American Constitution, which 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.” (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 to emerging issues that impact in various ways upon the American society (Bridegam & Marzilli, 2005). The American Constitution provides for the Bill of Rights, which encompasses a myriad of issues affecting American society. The Fourth Amendment, part of a series of different amendments made on the Constitution over a long period, is responsible for safeguard against searches and seizures that are unreasonable. It also provides for the requirement of a warrant, to be sanctioned by a Court or member of the American Judiciary. There has to be probable cause for the issuance of the warrant by the issuing court. Limitations vary according to the specific information given to the issuing court, by a law enforcement officer (Bridegam & Marzilli, 2005).

The highest court in the American land, the Supreme Court, is responsible for the different amendments that have been enacted into law. Accordingly, it ruled that the Fourth amendment’s protective privileges applied only when the citizenry had ‘expectation of privacy’ that was reasonable. The Supreme Court is also responsible for the ‘legal definition’ of the Constitution. Thus, it put the definition of - “a Search” occurs only when “a person expects privacy in the thing to be searched” and b) “society believes that the expectation to privacy is reasonable.” ...Download file to see next pagesRead More
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Police Power of Search and Seizure Term Paper Example | Topics and Well Written Essays - 1500 Words. https://studentshare.org/law/1762493-police-power-of-search-and-seizure.
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