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Law - Essay Example

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Name: Institution: Course: Date: 1. Administrative Justification Introduction Administrative justification refers to court-creation and an exception to the Fourth Amendment’s warrant requirement. Searches conducted by the police based on administrative justification are accepted under the law…
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Download file to see previous pages... Administrative justification is based on the idea that protection of public interest should outweigh personal concerns of privacy (Wray 4). The supreme has allowed four types of searches. The first search is referred to as general home inspections. General home inspections involve code inspections and welfare inspections. Code inspections must be done through particular arrest warrants. However, welfare inspections are not required to seek for warrants (Wray 4). The second search involves inspections of regulated businesses. The search warrant on these businesses is allowed if the government has an interest in the activity at stake. Searches conducted without warrants help the government to protect public interests. Consequently, inspection protocol ensures that the government has substitute for warrant that is accepted under the constitution. The third inspection involves fire inspections. This inspection is related to arson investigations. In addition, arson investigation are allowed without a warrant, but must be related to the fire. Finally, the government, with or without a warrant, can allow and search international mail. In Colorado v. Bertine case, 479 U.S. 367 (1987) case, the Colorado police arrested a suspect for driving under the influence of alcohol. The police arrested the suspect, however, before the car could be impounded; other police officers engaged in inventory checks. They opened the car’s contents and found various drugs being peddled in the van. Before trial, the suspect was granted an opportunity to suppress the evidence obtained in the van. The court ruled that the inventory search conducted in the van did not violate the suspect’s rights. The decision of the court was made according to Fourth Amendment of the federal constitution (Findlaw.com par 1). Inventory searches are classified into two varieties. The first variety is known as vehicle inventories while the second variety is known as person inventories. Vehicle inventories must be done according to a lawful impoundment. Vehicle inventories are conducted, by the police, to protect the owner’s property, protect the police against stolen property claims and to protect society from dangerous items contained in the vehicle. In addition, vehicle inventories should not be based on the pretext that can show investigative police motive behind the impounding of the vehicle. Person inventories happen after an arrest (Wray 7). Conclusion Person inventories are carried out as part of a search incident to arrest, with some possible follow-up and documentation at the booking stage. Person inventories should not be used as pretext which can show investigative police motive in conducting the search. However, person inventories can be followed by a lawful arrest. Vehicle inventories carried out at nations’ checkpoints are aimed at identifying individuals in the vehicle. 2. What is an arrest? Introduction An arrest refers to inability to have legal freedom in moving around freely. The law enforcement police ensures that an individual doe not escape from law obligations. However, for an individual to be under arrest, the police officer or prison personnel must s how the reason why they want to arrest the person. After explaining the reasons leading to arrest; the police officer is expected to take the person under arrest into custody. Arrests are often made to prevent certain crimes from escalating. In particular, criminals should be arrested to avoid causing more ...Download file to see next pagesRead More
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