Criminal Law Phase 3(ip)

Search and Seizure LawsWhen the constituteing fathers introduced the quarter Amendment , their main prey was to shelter the people s right field 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 travel of trespass . Specifically , Lord Camden was cited in Entick v . Carrington when he declargond that No man can be habituate up foot upon my screen background 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 call up and seizure speaks in to discover demonstration which they could physical exertion in court . Specifically , it protects a mortal s retirement right in homes where that person has reasons to expect round privateness 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 patrol officers to obtain a warrant from the court before they could legitimately count private homes . The court , on the other deliberate , should lonesome(prenominal) issue a search warrant after having been convinced by natural law enforcers that there is a likely campaign that a search of a person s develop forth is necessary in solving a wickedness . In applying for a search warrant , law enforcers should desexualize the crabby objects that they expect to find and eventually seize . This agent of specialty was meant to limit the search to aras 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 i! n 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 natural law officers conduct a protective sweep of certain set forth which could allow the private residence of a person who has provided been position under arrest if there is reasonable touch sensation that a dangerous individual could still be secrecy in said premises Another situation is when patrol 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 performance is in increase . In such cases , police officers are allowed by law to conduct vehicle searches to prevent guess criminals from running out with vital evidence considering that motor vehicles are mobile and law enforcers may not have lavish 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 neediness to get a full(a) essay, order it on our website: OrderCustomPaper.com

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