CRIMINAL LAW

Criminal law

Memorandum

To: Mr. Jonathon Blake From: PartnerRe: DC v Blake

Introduction to the Issues

Referring to Mr. Blake's case his arrest is unconstitutional as The Fourth Amendment protects individuals from unreasonable seizure and search however, the Amendment does not constitute how to treat a search done without a warrant. In Mr. Blake's case the law enforcement searched without a warrant.

Rule of Law

This amendment defends the people's right to privacy and security. The Fourth Amendment states, "The right of the persons to be protected in their individuals, dwellings, papers, and consequences, against awkward explorations and seizures, will not be contravened, and no warrants will topic, but upon likely origin, sustained by Oath or affirmation, and especially recounting the location to be sought, and the individuals or things to be seized." In the court, case of Jonathan Blake v. Washington, DC it was said that, "the 4th Amendment defends the persons and not certain localities against seek and seizure."

The warrant authorizes the agent to grab especially recounted pieces and to convey them before the court that handed out the warrant. In widespread regulation, seek warrants were utilised mostly to find out thieved house (Long, 2006). In up to date regulation, they have a kind of pieces, encompassing intoxicating liquors, wagering applies, counterfeiters' devices, burglars' devices, smuggled items, obscene publications, narcotics, illicit firearms and any item the ownership of which is a misdeed or which may be utilised in evidence.

Analysis

For the Fourth Amendment to be applicable to a specific set of details, there should be a ''search'' and a ''seizure,'' happening normally in a lawless individual case, with a subsequent try to use judicially what was seized. Whether there was a search and seizure interior the implication of the Amendment, if a complainant's anxieties were constitutionally infringed, A seek should be sensible at ...