Search And Seizure At Home Essay

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Clarence S. Illario Rights to be Secure in our Homes 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. – Fourth Amendment My cousin who’s a sworn peace officer for the city of Provo assigned to the Patrol Division and has experience dealing with people and their rights on a day to day basis. He said crimes are mostly committed behind closed doors and in their homes. Governments have their duty and obligations to the citizens to provide justice and punish…show more content…
It was approximately 3 o’clock in the morning, and no street light in the block of where this house was located, and the visibility was limited without any flash lights. He arrived with a backup officer and they secured the outside of the house and nothing suspicious was found. They then knocked on the front door while the backup officer maintained watch behind the house and the owner of the home answered. He informed the owner that they were there in response to suspicious activity possibly a burglary in progress. He asked if he can come inside the house and secure the house and to make sure that no one entered his home. The owner invited him in and when he entered the house he immediately smelled a strong odor of burnt marijuana. He advised the owner that his backup officer is standing outside the backdoor and the owner opened the back door for him. The backup officer confirmed what he smelled that it was indeed burnt marijuana. They did not address the issue of the smell of burnt marijuana but they left the home. He informed the on duty sergeant and he pointed out the fact that he can write a search warrant based on plain smell alone. He ran a criminal history background check on the home owner and found that he had been convicted once for possession of marijuana. He then drafted an affidavit of search warrant that the District Judge signed and

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