Search and Seizure

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SEARCH AND SEIZURE: COPS... COMIN' TRY TO STEAL MY CROPS 1 Search and Seizure: Cops...Comin' Try to Steal My Crops SEARCH AND SEIZURE: COPS... COMIN' TRY TO STEAL MY CROPS 2 Abstract This paper will overall explore the topic of search and seizure. Search and seizure is a broad spectrum to talk about and can become confusing at times. Therefore, certain aspects of search and seizure will be discussed including; search warrant requirements, exceptions to the exclusionary rule, and requirements for warrantless searches. SEARCH AND SEIZURE: COPS... COMIN' TRY TO STEAL MY CROPS 3 Search and Seizure: Cops... Comin' Try to Steal My Crops The Fourth Amendment to the U.S. Constitution strictly limits the power of law enforcement officers to make searches. With a few very limited exceptions, you can conduct a search only if you have probable cause to believe that evidence of a crime is located in the place you wish to search. The probable-cause test for a search is similar to the probable-cause test for an arrest. It requires a reasonable belief, based on a reliable source, that contraband or evidence of a crime is in the place to be searched. It must go beyond mere suspicion or an educated hunch. On the other hand, probable cause is less than an absolute certainty. The evidence you need to conduct a search does not have to amount to proof of guilt. It must show that evidence or contraband is probably in the place to be searched. As a general rule, a search must be supported by a valid warrant. There are, however, limited exceptions to this rule. While these exceptions are important, you should keep in mind that in close cases, a search without a warrant may be upheld when a search without a warrant will be declared invalid.

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