The author of this paper will provide insight to discuss the whole idea of search and seizure laws and particularly there advantages and disadvantages. The search and seizure law protects the privacy of individuals only when the police carry out the searches. …
The paper tells that sometimes, government representatives can search individual’s property usually regarded as private for constitutional reasons. Normally, the search happens when the person possesses or permanently lives in the area of search. When a representative of the government uses control over a person so he feels he cannot liberally leave or end the interaction with the representative there is occurrence of a seizure. However, a seizure occurs only when an individual yields to the government but in case the individual avoids detention or escapes, there is no occurrence of seizure. In the police department, Search and Seizure process is a famous occurrence. Since the process is legal, any official from the law enforcement department can carry out a search on one's individual property in case there is some kind of suspicion on the individual about involvement in any kind of criminal activity. However, several rules to observe when executing a search and seizure procedure. In the United States Constitution, the search and seizure procedure is in the fourth amendment act. However, the society regularly violates this act because it additionally offers the affected citizens the assurance to ask for security against the seizure idea. The main reason for the Fourth Amendment was to shield the personal privacy and rights of American citizens. It states that every person has the right to be safe in their persons, papers, houses, and effects against insensible searches and seizures. In addition, this amendment explains the making and execution of specific warrants. This law is very important when tackling drug cases because the way the police discover and seize the drugs is important in any drug crime case. In addition, after a thorough investigation the search and seizure can be valid admissible evidence in court (California Criminal lawyers, 2010). It is evident that the African Americans experience an uneven share of arrests and prison sentences. Although this could be because of differences in the disparity flows in crime rates across population groups, it could also be because of the discrepancy being an outcome of discriminatory targeting of suspects by the police. Since the fourth Amendment law says nothing about their exercise of enforcement judgment about the pool of potential suspects, the police can target whomever they desire. Consequently, the black drivers have no legal claim in case the police officers stop large numbers of black drivers allegedly for speeding but mainly examine the presence of drugs while stopping few whites (Law.jrank, 2011). The main reason why the courts invalidated vagrancy and loitering is the acts of racism together with broad police judgment. In order to fight these two vices, the modern government is turning its focus on suspects' privacy interests and taking on a fictive view of agreement that permits a good deal of informal coercion to happen. However, this method is not effective because the police have no authority like the one present in the old regime to help them carry out effective community policing (Stuntz, 1999). The major focus of the search and seizure law is to protect privacy. "Privacy" in this case does not mean the generalized right for exclusion but rather, the interest of being free from observation. Additionally, this law helps protect the community from the evil acts in which only the police can reveal and see but the ordinary citizen cannot hence the police are able to incriminate the criminals (Law.jrank, 2011). As Agarwal (2008) affirms, the major purpose of the enforcement of search and seizure laws is to protect the society against all insecurity and delinquency. The law of search and seizure helps to respect and protect the privacy of community members. In this regard, it helps in ...
Cite this document
(“The Pros and Cons of Search and Seizure Laws Research Paper”, n.d.)
Retrieved from https://studentshare.net/law/45568-the-pros-and-cons-of-search-and-seizure-laws
(The Pros and Cons of Search and Seizure Laws Research Paper)
“The Pros and Cons of Search and Seizure Laws Research Paper”, n.d. https://studentshare.net/law/45568-the-pros-and-cons-of-search-and-seizure-laws.
The persons upon whom search and seizure are committed are selected on grounds of reasonable suspicion. In most cases, the search operation does not lead to seizure of goods/property belonging to the suspected person. At the time of the writing of the Constitution, the Founding Fathers reasoned that “search and seizure is a necessary exercise in the ongoing pursuit of criminals.
The United States legal system is no different from other legal systems of the world as it has also gone through a number of reforms and amendments. The Investor Words (2011) explains that an amendment is “a change or addition to a legal document which, when properly signed, has the same legal power as the original document.” Years of such legal hassle and tussle has resulted in a law known as the search and seizure law in the United States.
It also requires judicial sanctioning of any warrant, which must be supported by probable cause. Its adoption was in response to writ assistance abuse during the American Revolution. Arrest and search must have scope limitation, which depends on specific information given to the court that issues it by an officer of the law.
Many segments of the experts are doubtful as to whether the harmful effects of marijuana outweigh the pharmacological good attributed it? Going by the fact that even drugs that are legal are tagged to pharmacological side effects, many people believe that the side effects attributed to marijuana are not that harmful as they are deemed to be.
It cannot be described as a process neither with a beginning or a clear end. Furthermore, it cannot be applied with certainty to all individuals across all regions. Globalization involves integration of the economy, transfer of various policies and regulations across borders, knowledge transmission, cultural stability, relations, reproductions and power discourse.
The importance of preschool education can be regarded as a widely discussed topic among the educationalists and the intelligentsia. There has been various studies supporting and refuting the role of preschool education; a
Normally, the search happens when the person possesses or permanently lives in the area of search. When a representative of the government uses control over a person so he feels he cannot liberally leave or end the interaction with the representative there is the occurrence of a seizure.
The United States legal system is no different from other legal systems of the world as it has also gone through a number of reforms and amendments. The Investor Words (2011) explains that an amendment is “a
“Outsourcing refers to the process wherein a business contracts with a third party service provider to provide services that might otherwise be performed by in-house employees of the business” (“Outsourcing: Pros and Cons”). Companies
4 Pages(1000 words)Research Paper
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Research Paper on topic The Pros and Cons of Search and Seizure Laws for FREE!