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The Law on Search and Seizure - Term Paper Example

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The conceptual framework of search and seizure is based on goodwill that is to allow lawful hunt of lawbreakers by seeking evidence that can be available to prove that these people have broken the law and must be legally prosecuted to ensure peace and order…
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The Law on Search and Seizure
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Download file to see previous pages Freedom has its price as the famous quote implies truly because one cannot be free without complying with the rules and regulations set upon by the norms and the laws of man.  Thus being free has its boundaries, boundaries that end when it crosses upon the right of another. The law makes it sure that everything in the social arena is kept into place and no person is below or above the system. Hundreds of laws, act, proclamation, and amendments were made and approved by a man in ill parts of the world so that every citizen must have something to abide by and keep them from the boundaries of crossing over the border of their freedom. With all these laws made and passed; reviews, controversies, and intellectual battles took over and continuously takes over to assess and reassess the efficacy, efficiency, and necessity of such law. One of the most controversial and argumentative laws ever made is the law of search and seizure. This paper is to state clearly an argument on whether search and seizure and racial profiling should be banned more than accepted in the United States. This paper will discuss briefly and will point out arguments based on the author’s full understanding of the provision of this law. Over the past years, the conflicts on power and authority have been a controversy especially with incidences of abuses with the use of authority, most common example are the policemen and other law enforcing authority, in implementing the order in the land. Incidences like police brutality, unauthorized search, and arrest, illegal collection of evidence and planted pieces of evidence to frame up some innocent are just some of the negative feedbacks the society has over the authorities. These feedbacks can also be deemed as the reasons why an argument is posed over the law on search and seizure implementation over the United States of America. On whether it is efficient, beneficial and lawful to implement just the way it was planned for or is it unnecessary, unjust and should be stopped and banned. Although it has been made to check on these irregularities on authority misconduct still some flaws have questioned its validity as a law that some people are asking to nullify it. Before going to the issues of why or why not the law on search and seizure should be banned in America, it is proper to discuss some keynotes of the said law. Moreover, search is defined in the provision of the fourth amendment as, looking for evidence or a person involved in a crime by a law enforcement officer in a place where they have a reasonable expectation of privacy while seizure is defined as taking possession of a person or object by a law enforcement officer or agent (Department of Public Safety Law enforcement Academy 2012). Search and seizure is a controversial term of legality. Going through its definition, it implies lawful examination of a person’s property and things by a law enforcement officer although it does not imply specific circumstances but rather connotes that every law enforcer has the authority to go over a person’s things without any chance of refusal because it is what the law states. And provided that something that can be regarded as evidence is seen, the authority as well as the right to seize it for legal prosecution (Department of Public Safety Law enforcement Academy 2012). ...Download file to see next pagesRead More
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