Search And Seizure Essay

SEARCH & SEIZURE AND
FOURTH AMENDMENT
Elizabeth Swift
CJ-2241

INTRODUCTION
The U.S. Constitution provides right to the persons against unreasonable searches and seizures. The right also extends to the properties, papers, and effects of the persons. At common law, the concept of curtilage was developed to afford the area immediately surrounding a house.   Curtilage has the same protection under the law of the Fourth Amendment as the house itself.   This right shall not be violated and no warrants shall be issued. However, with probable cause, warrants can be issued for search and seizure but they should be supported by oath/affirmation with respect to such search and seizure.   The detention of a person must be reasonable. If detention is continued longer than 48 hours without probable cause, it would be counted as violation of Fourth Amendment of U.S. Constitution.
APPLICABILITY
The Fourth Amendment is part of Bill of Rights. The Amendment IV was made in order to address the writ of assistance, i.e. search warrant, which was familiar with the American Revolution. The Fourth Amendment applies to governmental persons only. The Amendment does not guarantee to the searches conducted by Private Citizens or organizations.   The Fourth Amendment “is wholly inapplicable to a search or seizure, even an unreasonable one, effected by a private individual not acting as an agent of the Government or with the participation or knowledge of any government official.” United States v Jacobson, 466 U.S. 109,113,104 S. Ct. 1652,1656,80 L.Ed.2d 85, 94(1984) Hence, the Amendment does not apply the private security.   Suspicionless border searches are justified by the view that persons crossing the national border are not entitled to the protections of the Fourth Amendment. United States v Ramsey, 431 U.S. 606, 97 S.Ct. 1972, 52 L.Ed.2d 617 (1977) The Fourth Amendment also does not apply to searches and seizures conducted by U.S. agents outside the territory of the United States....