Search and Seizure

In: Social Issues

Submitted By tashworth
Words 454
Pages 2
Search and seizure is when a law enforcement/gov. agent looks for evidence in a manner that intrudes into a persons legally protected zone of Privacy. These agents then take possession or control of the property or persons. ( Scheb, 2012)

The 4th Amendment puts legal limitations on search and seizure and protects against unlawful search and seizure. The 4th Amendment states: 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.
The 4th Amendment requires law enforcement officers to get a warrant before conducting search and seizures. In order for the officer to get such warrant he/she must have probable cause. This means that the officer must believe that the search will produce evidence of a crime. (Scheb, 2012)

There are a few different types of consent when it comes to search and seizure. Consent to search is when a suspect/ person voluntary allows an officer of the law to search his/her car, home, bag, or whatever it may be. Then there is implied consent, which is when and officer is called to a specific location where a crime has been committed. This is a given that the officer is going to search the area where the crime has been committed. Third Party Consent has in the past and will be in the future be controversial. The problem comes when several folks share a house or apt. Third party consent says that someone may give consent to search the house as long as they live there. So if three people live there one of them may give consent to search the other persons stuff in the house. Reasonable suspicion is a right given to an officer of the law to search without a…...

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