Search and Seizure

1986 Words8 Pages
Subject: Case Analysis Case: Search and Seizure Background Facts: Joe is a 26 years old man of a foreign decent and is currently a U.S. citizen. He was pulled over by a police officer when he was driving through an affluent Caucasian subdivision. Citing that this is a sobriety checkpoint, Officer Jones orders Joe to step out of the car. When Joe starts questioning the officer about the sobriety checkpoint, the officer becomes very aggressive with him and places him under arrest for “interfering with official police conduct”. After that, Officer Jones get into his vehicle and remove a couple of items. Joe is later released from custody and told that Officer Jones was well within his official duties to pull Joe over for the sobriety checkpoint and to arrest him when he appeared to be acting unruly. Joe’s items are not returned. Laws: 1.) The Fourth Amendment to the Constitution: a. The most important rule of law is the U.S. Constitution. The Fourth Amendment to the U.S. Constitution places limits on the power of the police to make arrests, search people and their property, and seize objects and contraband (such as illegal drugs or weapons). These limits are the bedrock of search and seizure law. The Fourth Amendment to the U.S. Constitution reads as follows: “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[1] (Constitution, 1789).” b. The flip side is that the Fourth Amendment does permit searches and seizures that are considered reasonable. According to, in most instances a police officer may not search or seize an individual or his or

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