Search And Seizure Research Paper

1972 Words8 Pages
Search and Seizure Paper According to the Fourth Amendment of the United States Constitution, “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 be 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” as a country we take our liberties seriously. Our founding fathers believed a search, seizure, arrest, and reasonableness were the basic foundation to a law abiding country. Today, these elements continue to impact our criminal justice system. We will take a closer look into these to define there necessity in our…show more content…
The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable search and seizure, but certain understandings of "reasonableness" have changed throughout U.S. history. If a vehicle search is conducted illegally, any evidence or information obtained by the search may not be used by the prosecution (this is referred to as the "exclusionary rule"). The line between lawful and unlawful vehicle searches can seem a bit blurry, and tends to get redefined frequently through the courts. When vehicle searches are legal is when an officer has consent to search from the driver, officer has probable cause to suspect the presence of incriminating evidence in the vehicle or if Officer reasonably believes that a vehicle search is necessary for his or her own protection (suspicion of a concealed weapon, for example). Other misdemeanors under state statute can automatically engage in a lawful search such as a DUI or other arrest able conditions. An officer cannot search your vehicle without the above conditions and cannot search the vehicle because he or she just wants to. An officer who stops a motorist for a minor infraction, such as a speeding violation, generally may not conduct a search (unless, as noted above, there is reason to believe one or more of the car’s occupants is armed or otherwise dangerous).Under the plain view doctrine Officers may lawfully seize evidence of a crime without a search warrant if it is in plain view. For example, if an officer sees a glass pipe with what appears to be drug residue in the backseat after stopping a motorist for running a red light, the officer may seize the pipe. (Find Law Organization 2011). This is known as the "plain view doctrine." The officer in the above

More about Search And Seizure Research Paper

Open Document