Protocol For A Constitutional Search And Seizure

694 words - 3 pages

Protocol for a Constitutional Search and Seizure
Balancing the parameters of the Fourth Amendment1 can be a delicate matter. Search and seizure is an integral part of law enforcement; however, it must be handled to the letter of the law protecting the rights of all parties involved. According to the Emergency Doctrine2, probable cause3 in addition to exigent circumstances4 under Article 14.05 of the Code of Criminal Procedure may afford the police the authority to conduct a search without a warrant. The proper protocol for a Constitutional search and seizure will be dissected and interpreted regarding proper police management and intervention through the following example:
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It is apparent that the resident refuses to cooperate for he/she is yelling which is indicative of an act of aggression; this is the behavior of a person who would potentially destroy or relocate evidence. A citation could be issued for violation of the noise ordinance; however, the contraband “in plain site” grants law enforcements authority to arrest and detain the resident. If further danger is sensed from someone within the home a protective sweep6 of the premises could ensue without a warrant, however once the crisis is contained the search is to be discontinued.
It is imperative during a warrantless search and seizure that there is no over-reaching because according to The Exclusionary Rule7, evidence that is collected illegally is not permissible in a court of law. Illegally obtained evidence which is found subsequent to excluded evidence is referred to as fruit of the poisonous tree.8
Law enforcement is challenging for investigating a crime successfully is measured by accuracy and full compliance with guidelines...

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