Search and Seizure

Abstract The secure of the people to be secure in their mortals, houses, papers, and effects, against unreason fitted huntinges and seizures, shall non be break dispiritedd, and no Warrants shall issue, but upon seeming cause, supported by Oath or affirmation, and particularly describing the mastermind to be antici hydranteed, and the someones or things to be seized (Hudson, 2010, p. 363). In this essay we will explore what is discernment under the Fourth Amendment. A news of accordant encounters vs. etentions concerning seek and seizure, we will besides discus signifi r by issuet possibilitys that regularise the basic principle procedures of essay and seizure. According to Rutledge (2010) p. 109, commonsensibleness whitethorn start bulge let out up four factors to command Justification, scope, go into, and manner of execution. He besides makes a valid point to state that so far if an policeman were to handle the first trio factors, justification, s cope, and stead the fourth is the most all-important(a) because it could invalidate the attempt and seizure if its non done properly.A justificapable seem could hit many factors that would allow an incumbent to manage a proper expect or make a lawful wait and loot. One of them is a attend warrant, which carries a limited authority to stick around souls correspond and as well as search the property expound on the warrant. A nonher is a brutal profile an example would be of a drug dealer that would fit the corporeal description given to the officer. Anonymous tip, double informants, an example is like deuce or more individuals able to commit someone that has committed a criminal offence, and of work police observation.However if the officer sees something suspicious he/she has to articulate why much(prenominal) person has broken the law and given him/her probable cause to do a warrantless search or detention on much(prenominal) said person. Scope falls in t he actual process of the search, meaning that you could nevertheless(prenominal) reasonably search with in the search area, an example that my teacher Mr. Enos discussed in class, was if your hard-hitting for intoxi empennaget in a fomite then you could only search were alcohol could be reasonably hidden inner(a) a car.Place refers to a public or private area, an example is you could search the quick area of a public post like a commons, but you nominatet search someones back yard without a warrant. last the Manner of Execution, which refers too the manner in which the officer caries out the search and his/her understanding of the individuals fulls, and example would be that you could do a weapon silky cut, which is literally just a pat down of the individuals clothe and dont in reality peeping pockets and such.Also it helps the officer to diffuse the site if the officer was to study non contain and example would be could I pat you down for my own protection? (Rutledge 2010, p. 111). accordant encounters are when an individual has agreed to trounce to an officer on his/her own throw overboard will such said person pot buoy at any prison term terminate the conversation and leave. An officer is able to lawfully approach anyone in a public setting and engage in a conversation. Also Rutledge advises that an officer support knock on the front introductionsill of a suspect to attempt a accordant encounter with the suspect, he can in addition approach a park fomite to do the same (p. 110).Also its ok to shine a flash abstemious on someone and ask to scold and the reason universe I study is for the rubber of the officer and the communities, its valid I think to want to know who is lurking in the dark. Also its honest that its consensual when you ask people certain things like, for identification, and show of hands, because its for the safety of the officer and also to expedite the occurrence along. The definition of Detent ion according to Rutledge is A detention occurs when a person submits to something the officer says or does that would communicate to a well-founded person that he/she is no long-lived indigent to leave (2010 p. 10). However thats only true when you hold up a probable cause or reasonable suspicion for such an action. The use of hunches or suspicions with any grounds is not justifiable, also if a person is hanging out in a high crime area you cant just ride out them for that, also random car wampum for drivers licenses check is unjustifiable, you could do sobriety checkpoints lawfully and also incur checkpoints, thats when in that location is a truncated stop to pass out flyers to encounter a suspect/felon or to seek a get wind out for a nearby crime (p112).Some of the Cases I thought were interesting and that help ferment the methods of Search and Seizure were calcium vs. Greenwood, Katz vs. U. S, and Whren vs. U. S. calcium vs. Greenwood was a slip-up in which the po sitive Court of the United States held that the Fourth Amendment does not prohibit the warrantless search and seizure of refuse left for collection outside the enclose of a home. What happen in this case was that an investigator had various sources saying that Mr.Greenwood interchange illegal drugs out of his home. So the investigator asked the dispose collector if he could lead the glassful to her, and sure enough there was drug paraphernalia in the trash bags (Wikipidia). In the case of Katz vs. U. S. the issue was a warrantless search and seizure in a encroachment of the fourth amendment? The business office was as followed Katz used a certain echo booth for interstate bookmaking and those conversations were being commemorate by some agents and those memorializes were used to reprove Katz of federal crimes.However Katz contended that the interception of his cry calls were in encroachment of his fourth amendment rights, and the courts a greed and lift Katzs bunc oion stating that the search had not being pre-approve by the judge and was warrantless and so illegal (Rutledge p. 158). In the case of Whren vs. US the issue is can a art stop be used as a pretext to stop a fomite for investigative purpose? (Rutledge p. 167). downstairs cover narcotics officers saw a vehicle make 2 barter violations and make stop to issue a standard when they spotted Mr.Whren with crack cocaine in his hands. Whren was arrested and prosecuted, but he fought, saying that the avocation stop was an excuse to make a narcotic investigation. However the court command in favor of the officer that they did adjudge the right to the arrest because it did not defame the Fourth Amendment (Rutledge p. 168). In conclusion I father cover several topics in which Search and Seizure shit being explain. Such has what is a reasonable search under the Fourth Amendment, and what is a consensual encounter and what is a detention.Also I turn out covered a couple of cases tha t have help shape the methods of search and seizures. lengthiness Hudson, David L. , (2010) THE HANDY LAW ANSWER BOOK, pg. 363, perceptible Ink Press Rutledge, Devallis, (2010 by LawTech Publishing) calciums recreation Officers Legal and Search &038 Seizure demesne Sourceguide, pg. 109-112, 158, 167-168. Retrieved May12, 2010 http//supreme. justia. com/us/486/35/case. html atomic number 20 vs. Greenwood,486 (paragraph1-2)Search and SeizureAbstract 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 (Hudson, 2010, p. 363). In this essay we will explore what is grounds under the Fourth Amendment. A countersign of consensual encounters vs. etentions concerning search and seizure, we will also discus impo rtant cases that shape the bedrock procedures of search and seizure. According to Rutledge (2010) p. 109, reasonableness may have up four factors to consider Justification, scope, place, and manner of execution. He also makes a valid point to state that as yet if an officer were to have the first tercet factors, justification, scope, and place the fourth is the most important because it could invalidate the search and seizure if its not done properly.A justifiable search could have many factors that would allow an officer to dole out a proper search or make a lawful detention and stops. One of them is a search warrant, which carries a limited authority to detain persons demonstrate and also search the property slender on the warrant. Another is a sinful profile an example would be of a drug dealer that would fit the corporeal description given to the officer. Anonymous tip, quaternate informants, an example is like two or more persons able to tell someone that has committe d a crime, and of row police observation.However if the officer sees something suspicious he/she has to articulate why such person has broken the law and given him/her probable cause to do a warrantless search or detention on such said person. Scope falls in the actual process of the search, meaning that you could only reasonably search with in the search area, an example that my teacher Mr. Enos discussed in class, was if your searching for alcohol in a vehicle then you could only search were alcohol could be reasonably hidden inner(a) a car.Place refers to a public or private area, an example is you could search the straightaway area of a public place like a park, but you cant search someones back yard without a warrant. in conclusion the Manner of Execution, which refers too the manner in which the officer caries out the search and his/her understanding of the individuals rights, and example would be that you could do a weapon pat down, which is literally just a pat down of th e individuals clothe and dont in reality searching pockets and such.Also it helps the officer to diffuse the blank space if the officer was to ask not demand and example would be could I pat you down for my own protection? (Rutledge 2010, p. 111). consensual encounters are when an individual has agreed to twaddle to an officer on his/her own free will such said person can at any metre terminate the conversation and leave. An officer is able to lawfully approach anyone in a public setting and engage in a conversation. Also Rutledge advises that an officer can knock on the front door of a suspect to attempt a consensual encounter with the suspect, he can also approach a park vehicle to do the same (p. 110).Also its ok to shine a flash frail on someone and ask to talk and the reason being I remember is for the safety of the officer and the communities, its reasonable I think to want to know who is lurking in the dark. Also its reasonable that its consensual when you ask people c ertain things like, for identification, and show of hands, because its for the safety of the officer and also to expedite the situation along. The definition of Detention according to Rutledge is A detention occurs when a person submits to something the officer says or does that would communicate to a reasonable person that he/she is no drawn-out free to leave (2010 p. 10). However thats only true when you have a probable cause or reasonable suspicion for such an action. The use of hunches or suspicions with any grounds is not justifiable, also if a person is hanging out in a high crime area you cant just detain them for that, also random car stops for drivers licenses check is unjustifiable, you could do sobriety checkpoints lawfully and also witness checkpoints, thats when there is a design stop to pass out flyers to sire a suspect/felon or to seek a witness out for a nearby crime (p112).Some of the Cases I thought were interesting and that help shape the methods of Search and Seizure were California vs. Greenwood, Katz vs. U. S, and Whren vs. U. S. California vs. Greenwood was a case in which the supreme Court of the United States held that the Fourth Amendment does not prohibit the warrantless search and seizure of slobber left for collection outside the presumption of a home. What happen in this case was that an investigator had various sources saying that Mr.Greenwood interchange illegal drugs out of his home. So the investigator asked the trash collector if he could fetch the trash to her, and sure enough there was drug paraphernalia in the trash bags (Wikipidia). In the case of Katz vs. U. S. the issue was a warrantless search and seizure in a violation of the fourth amendment? The situation was as followed Katz used a certain phone booth for interstate bookmaking and those conversations were being tape by some agents and those tapes were used to convict Katz of federal crimes.However Katz contended that the interception of his phone calls wer e in violation of his fourth amendment rights, and the courts a greed and stamp out Katzs conviction stating that the search had not being pre-approve by the judge and was warrantless hence illegal (Rutledge p. 158). In the case of Whren vs. US the issue is can a traffic stop be used as a pretext to stop a vehicle for investigative purpose? (Rutledge p. 167). beneath cover narcotics officers saw a vehicle make two traffic violations and make stop to issue a archetype when they spotted Mr.Whren with crack cocaine in his hands. Whren was arrested and prosecuted, but he fought, saying that the traffic stop was an excuse to make a narcotic investigation. However the court command in favor of the officer that they did have the right to the arrest because it did not violate the Fourth Amendment (Rutledge p. 168). In conclusion I have cover several topics in which Search and Seizure have being explain. Such has what is a reasonable search under the Fourth Amendment, and what is a cons ensual encounter and what is a detention.Also I have covered a couple of cases that have help shape the methods of search and seizures. name and address Hudson, David L. , (2010) THE HANDY LAW ANSWER BOOK, pg. 363, indubitable Ink Press Rutledge, Devallis, (2010 by LawTech Publishing) Californias wild pansy Officers Legal and Search &038 Seizure region Sourceguide, pg. 109-112, 158, 167-168. Retrieved May12, 2010 http//supreme. justia. com/us/486/35/case. html California vs. Greenwood,486 (paragraph1-2)