SEARCH AND SEIZURE PROS AND CONS

Search and Seizure Pros and Cons

Search and Seizure Pros and Cons

Introduction

The U.S. Constitution provides right to the persons against unreasonable searches and seizures. The right also extends to the properties, papers, and effects of the persons. At common law, the concept of curtilage was developed to afford the area immediately surrounding a house. Curtilage has the same protection under the law of the Fourth Amendment as the house itself (Newbauer, 1992). This right shall not be violated and no warrants shall be issued. However, with probable cause, warrants can be issued for search and seizure but they should be supported by oath/affirmation with respect to such search and seizure. The detention of a person must be reasonable. If detention is continued longer than 48 hours without probable cause, it would be counted as violation of Fourth Amendment of U.S. Constitution.

Analysis

The Fourth Amendment is part of Bill of Rights. The Amendment IV was made in order to address the writ of assistance, i.e. search warrant, which was familiar with the American Revolution. The Fourth Amendment applies to governmental persons only. The Amendment does not guarantee to the searches conducted by Private Citizens or organizations. The term “effects” applies to items of personal property as well as to real estate. Abandoned property is one exception to this. The Fourth Amendment prohibits general searches unless search compulsory extraordinary circumstances exist (Lynch, 1999). A search can be made without warrant when consent is taken from the person, if an officer enters a residency or building to provide in case of emergency, automobile inventory searches, evidence in plain view, search incident to lawful arrest, and for the sake of preservation of evidence. The United States Supreme Court clearly ruled that the Fourth Amendment applies to Federal Government, State Police, other agencies such as Federal Bureau of Investigation and other federal law enforcement agencies (Jackson, 1996).

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 (Ingram, 2007).

In order to avoid violation of Fourth Amendment, law enforcement personnel should obtain a warrant to make a search and seizure. To obtain warrant, the ...