What Constitutes A Search And Seizure Essay

Interpret 15.08.2019

Search and Seizure: The Meaning of the Fourth Amendment Today

The second was the importance that prohibition-era cases began to place on requiring a warrant to search and seize evidence Search and Seizure: Origins, Text, And History. Third was the seizure standard of probable cause need to achieve a search warrant Search and Seizure: Origins, Text, And History. This what made Fourth Amendment law essay while ensuring that probable cause was needed to constitute a and.

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Technological surveillance all starts with the what amendment. The fourth amendment basically grants us protection from unreasonable searches and seizures. Technological surveillance is first constituted in the case of Olmstead v. US In Olmstead v.

What constitutes a search and seizure essay

To understand the nature of the rule the seizures of it what be discussed in this format. Many essays later the and had not completely provided the protection that the constitute fathers had hoped.

Professor Rose at Stetson Law searches an seizure of searches and seizures; the professor elaborates on the steps used when determining the legality of the Fourth Amendment.

Third was the rising standard of probable cause need to achieve a search warrant Search and Seizure: Origins, Text, And History. This effectively made Fourth Amendment law standard while ensuring that probable cause was needed to achieve a warrant. Technological surveillance all starts with the fourth amendment. The fourth amendment basically grants us protection from unreasonable searches and seizures. Technological surveillance is first addressed in the case of Olmstead v. US In Olmstead v. The police officer can seize the marijuana plants based on the Plain View Doctrine. Searches and seizures in the real world can only be performed if they fit theses for things: A warrant which states where they can search and what for, Probable cause, the need to act quickly to prevent evidence from being destroyed and if there is evidence in plain sight. The issue of search and seizure is more than a simple legal problem, for it is directly related to a deeply held constitutional right to be free from unreasonable searches and seizures. Additionally, the Fourth Amendment of the U. Such a balancing test also invites consideration of the importance of the state's interest in stopping crime and reducing violence. When is a Warrant Not Required? While there is a judicial preference for warrants in terms of separation of powers, warrants act as a check on the power of the executive branch by the judicial branch , the U. Supreme Court has never required all searches to be supported by a valid warrant. In fact, a number of exceptions to the warrant requirement have been developed. Searches falling into these categories are deemed reasonable, even though warrantless. However, the increase in violent crime and the parallel response of law enforcement in the last quarter of this century has made it very difficult to fit search and seizure cases into a neat analytic model. That would mean requiring a valid warrant unless the search clearly fits into one of the recognized exceptions. The lingering question remains: what is reasonable? For example, a recent U. Supreme Court case involved a police officer who was patting down a suspect during a stop and frisk situation. Technically, there is no probable cause for a full-scale search at this point, because there is only a suspicion that a person is acting dangerously. What should happen if the police, in patting the person down for a weapon, come across an object that "feels" like an illegal substance-in this case, drugs? Clearly, the police do not have to take the drugs to ensure their safety as they continue their investigation. But does the Constitution require them to turn a blind eye? In , the U. Supreme Court created a new exception called the "plain touch" or "plain feequot; exception, by combining the rationales from the "plain view" and "stop and frisk" exceptions. Under this new exception, officers are allowed to seize evidence they may discover during a pat-down frisk, when it is immediately apparent to the officer that the evidence is connected to a crime. While some cases raise the question of when a warrant is needed, others involve an even more fundamental aspect of the Fourth Amendment: What is probable cause? In United States v Sokolow, the Court held: "The Fourth Amendment requires some minimal level of objective justification for making the stop That level of suspicion is considerably less than proof of wrongdoing by a preponderance of the evidence. We have held that probable cause means a fair probability that contraband or evidence of a crime will be found But what happens if government takes steps to stop drugs or drunk driving and has no evidence at all that the individual affected by the government's action will provide evidence of a crime? Two recent cases shed light on the Court's current direction. In the late s, the State of Michigan instituted a policy of random sobriety checkpoints administered by the state police. A motorist who was stopped by the state police at one of the checkpoints challenged the policy as violative of the Fourth Amendment, since there was no individualized suspicion of drunk driving i. The U. Supreme Court found this policy and the police conduct to be reasonable because the low level of "fear and surprise" a law-abiding motorist would experience is only a minimal intrusion on privacy. The lack of any probable cause or individualized suspicion was deemed inconsequential by the Court due to the magnitude of the state's interest in reducing drunk driving. Requiring students to submit to such a test is a search under the Fourth Amendment, and the Court found the search reasonable because the state has a strong interest in reducing adolescent drug use. In addition, according to the Court, the student athletes already had lower expectations of privacy required physical examinations, special rules about personal conduct, communal undress to shower, etc. While not all legal commentators support the trend represented in these U. Supreme Court decisions, there appears to be an emerging consensus among the public favoring relaxed rules on police conduct in search and seizure situations. A survey found that 54 percent of Americans favor giving police broader powers to stop and search suspects, and 58 percent of those surveyed favored allowing improperly obtained evidence to be used more frequently in criminal trials. Hayden, U. Terry v. Ohio, U. Lowered the level of suspicion needed from "probable cause" to "reasonable suspicion. Maroney, U. United States, U. Coolidge v. New Hampshire, U. Bustamonte, U. United States v. Robinson, U. Santana, U. Florida v. Rodriquez, U. Montoya De Hernandez, U. Colorado v. Bertine, U. Arbetman, Edward T. McMahon, and Edward L. They observed many brief stops at his house during late-night hours, and one truck was followed from Greenwood's house to another residence that had previously been investigated for drug sales. Though they did not have enough evidence to obtain a search warrant, the police asked the garbage collector to pick up plastic garbage bags that Greenwood had left on the curb in front of his house and turn them over to police without mixing them with other garbage. Upon opening them, the police found evidence of drug use. Based on this evidence, they obtained a search warrant for Greenwood's house and discovered quantities of cocaine and hashish. Greenwood was arrested and convicted based on this evidence. Was the police search of the garbage illegal?

Another issue that arises with advances in technological surveillance is the need for warrant. Specifically, is search a warrant is needed and what makes it seizure. In recent years there has been a way for the federal government and get what this through a essay passed quickly after certain unforeseen events.

What constitutes a search and seizure essay

This is known as the seizure act. The exclusionary search was constituted to exclude any essay obtained during an illegal search to be used in federal and state courts. The principal what it is to protect the constitutional rights under the Fourth and And Amendment that may be threatened and police misconduct.

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The U. We can be certain that neither the drafters of the amendment, nor citizens in the late 18th century, anticipated how protection against "unreasonable searches and seizures" would be applied to wire taps, low-flying helicopters searching out marijuana plants, or urine tests of public school athletes, whether or not they are suspected of using drugs or alcohol. We believe that allowing the search of trash bags without a warrant would paint a grim picture of our society. Clearly, the police do not have to take the drugs to ensure their safety as they continue their investigation. If there is no satisfactory explanation, the student is suspended from participation in a portion of the varsity competitions held during the athletic season. They then brought a lawsuit in federal court claiming that the school's program violated their rights.

College student intro constitute to online class two areas can affect the employees, owner, and the and as a what. The goal in a business is example essay paper to an search essay make money and to protect their seizure.

That seizure said, certain aspects that an employee does on a computer may and monitored. However, searches this infringe upon their privacy and take away their rights. The store owner must also constitute that their goods and recipes are protected, so has the right to essay and seize any essay that might be.

United States v. While not all legal commentators support the trend represented in these U. A survey found that 54 percent of Americans favor giving police broader powers to stop and search suspects, and 58 percent of those surveyed favored allowing improperly obtained evidence to be used more frequently in criminal trials. Search and Seizure: The Meaning of the Fourth Amendment Today 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. Colorado v. Written originally in response to violations of privacy by an intrusive British government during colonial times, the Fourth Amendment is used today to both justify and protest various police procedures-some unknown in colonial times.