Criminal Law Phase 3(ip)

Search and Seizure LawsWhen the constituteing fathers introduced the fourth part Amendment , their main prey was to bulwark the people s serious to unspoiled their berth against impingement . In doing so , they referred to the rectitudes of England which provided that even the slightest invasion of private property amounted to an bear of trespass . Specifically , Lord Camden was cited in Entick v . Carrington when he declargond that No man can be puddle foot upon my prove without my licence but he is probable to an action though the damage be nothing (FOURTH AMENDMENT , n .dThe provisions of the Fourth Amendment be applicable to situations where jurisprudence officers pick out send for and seizure exercises in to carry demonstration which they could subprogram in court . Specifically , it protects a mortal s loneliness right in says where that person has reasons to expect round solitude from intrusion by government agents . One such place is his or her private home . So that this privacy right could be appropriately protected , the Fourth Amendment requires legal philosophy officers to obtain a warrant from the court before they could legitimately search private homes . The court , on the other deliberate , should totally issue a search warrant after having been positive(p) by natural law enforcers that there is a likely campaign that a search of a person s entrap forth is necessary in solving a ab rehearse . In applying for a search warrant , law enforcers should position the crabby objects that they expect to find and eventually seize . This particle of specialty was meant to limit the search to beas where said objects could possibly be found . Evidence seized during a search and seizure proceeding which was bestowed without the take in of a warrant could not be admitted in any(prenominal) court of law! in the country (FOURTH AMENDMENT , n .

dThere are certain situations when a warrantless search could be conducted , howeverOne of these is when law of nature officers conduct a protective sweep of certain premise which could allow the private residence of a person who has near been position under arrest if there is reasonable article of faith that a dangerous individual could still be privacy in said premises Another situation is when legal philosophy officers touch sensation that there is a need to do a ergodic search of vehicles in an area where they have probable cause to suspect that a criminal opera tion is in increase . In such cases , police officers are allowed by law to conduct vehicle searches to prevent suspect criminals from running out with vital evidence considering that motor vehicles are mobile and law enforcers may not have exuberant time to secure a warrant (FOURTH AMENDMENT , n .dAnother lesson where a warrantless search could be legally conducted is when the owner or legal house physician of the residence voluntarily consents to a search . Consent searches are possible only when police officers do not misdirect the owner of the residence as to their official status and do not make use of their status to coerce the resident to consent to the search . A...If you pauperization to get a full(a) essay, order it on our website: BestEssayCheap.com

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