This website uses cookies to ensure you have the best experience. Learn more

Search And Seizure Essay

1453 words - 6 pages

PAGE
Running Head: SEARCH AND SEIZURESearch and SeizureSearch and SeizureIntroductionIn the given scenario it is observed that it is a simple murder case. Clyde Stevens was murdered brutally murdered and found in the house unresponsive in Mary Ellis's home. Mary Ellis is a widow who lives with his son William Ellis, who is accused in this case. As the investigation progresses the evidences will make this case more clear.DiscussionMurder is the most horrible crime and it is not justified in any circumstances. Murderer not only takes away the life of the person who is murdered but it ruins many lives associated with that person. Punishment is essential for the person who committed this brutal crime. In Steven's murder case, William's house has been searched on the request of Mrs. Steven. After investigating the site (Mary Ellis's house) police collected the evidences like blood stains in William's room, finger prints analysis provided evidence that William is accused. A case is filed against accuse and then evidences and investigation reports would help the jury to decide weather accuse is guilty or not.In this case, William' lawyer first argue to exclude physical evidence excluded. Because according to him evidences are gathered in the absence of house owner without any warrant, which is illegal and violation of fourth amendment in constitution. "In other hand, the moving party in a private injury mishap case would be irredeemably injured by waiting for an in-trial opposition" (Davies & Croall, 2009, 178-182). Lawyer should as well stay careful of the range of the respite sought and must replicate that application in a draft order for the trial court's signature. It is significant that the order include language that is barely customized to the unsuitable indication. Judges are reserved to eliminate wide group of proof but may be further reaction to a narrower request."The exclusionary law has extensive impact on criminal law cases. Particularly, the exclusionary rule has created a system in which the chain of events that occur after illegally obtained evidence is seized must be analyzed to determine whether the evidence and subsequently obtained evidence is indeed admissible" (Hannibal & Mountford, 2009, 354-356). In most cases, the evidence is inadmissible. On further analysis it is some time observed that evidences are manipulated and it is the reason the exclusionary rule is applied in the case.The exclusionary rule is a judicially formed rectify utilized to discourage POLICE MISCONDUCT in attaining proof. Under the exclusionary rule, a judge might eliminate incriminating proof from a criminal trial if there was police delinquency in attaining the proof. Without the proof, the prosecutor may drop the case or lose the blame for lack of confirmation. This law offers various substantive defenses in opposition to unlawful search and seizure. Under the good faith exception, evidence obtained in violation of a person's Fourth Amendment...

Find Another Essay On Search and Seizure

Mapp vs. Ohio: Illegal Search and Seizure

1198 words - 5 pages Mapp vs. Ohio: Illegal Search and Seizure The case of Mapp vs. Ohio is one of the most important Supreme Court decisions of the last century. Until this decision, the rights against illegal search and seizure had no method to be enforced. Up until this time, previous cases at set precedents provided little or no protection from illegal searches and seizures for the accused facing state prosecution. On May 23, 1957, Miss Dollree Mapp

The Exclusionary Rule Protects You From Illegal Search and Seizure

2494 words - 10 pages One controversial aspect of the Fourth Amendment is of how courts should seize evidence obtained illegally. The rights guaranteed by the Fourth Amendment in the Bill of Rights states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” However, it does not explain clearly what an unreasonable search or seizure is and in what cases a police

Search and Seizure

582 words - 2 pages Although people in the United States are entitled to privacy and freedom there is a limit to that privacy. State or federal officers are allowed where justified to search your car, house, property in order to seize illegal items such as drugs, illegal weapons, stolen goods just to name a few. When the police do searches it can be for various reasons it depends on the situation. They can have a search warrant to go into a premises and

Rogerian argument as to why we as U.S. citizens need better clarification of the probable cause definition surrounding search and seizure laws

1102 words - 4 pages committed a crime."Prior to the framing of our Constitution, in regards to search and seizure laws, the government had virtually unlimited power to believe, right or wrong, that any illegal items they were looking for would be found. To protect against abuses that come with this kind of power, the framers of our constitution added a probable cause requirement" (Probable Cause 1).The Fourth Amendment to the U. S. Constitution reads as follows

The Public Schools' Right to Search and Seizure

814 words - 3 pages Public school's right to search student lockers. The school locker is usually the only private space available to a student in the environment of the school. So it focuses many of the main issues involved in privacy of the students. The 4th Amendment of the US Constitution states “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

Search and Seizure that People See in The Media

985 words - 4 pages Most encounters to seizures and searches are shared events a person sees in the media or news. The constitutional rights to basic privacy have frequently controlled to clashes between several private citizens and the officers of the law. An officer performing their duties will sometimes have to make fast decisions which at times may not seem to be thought out thoroughly. Many people engaged in criminal actions, and as long as there is people who

Search & Seizure in the United States: An Unbiased Guide

2797 words - 11 pages this amendment, and how it doesn't apply simply to police officers, but to many other people in their lives. The main sections of the Fourth Amendment that come under the courts' review are the phrases of person, houses, papers, and effects, unreasonable searches and seizures, and probable cause. Each of the following Supreme Court cases deals with one (or more) of these wordings which are subject to interpretation.A search and seizure court case

Justice Systems and Citizens Security

1767 words - 8 pages to whether there is a miscarriage of justice as highlighted in Regina (Rottman) v Commissioner of Police of the Metropolis. This case questioned whether there was an infringement of Article 8 of the Human Rights Act by the Police upon the Claimant whereby the Police overextended their common law power in performing a search and seizure without a warrant. In the case of Rottman v Commissioner of Police of the Metropolis, Mr. Michael Rottman (the

The Exclusionary Rule

941 words - 4 pages to deter police misconduct. Generally it does not apply to evidence obtained by private citizens because it would usually have not deterrent effect. Most private citizens are unfamiliar with constitutional rules such s those governing search and seizure, have no reason to learn them, and would not be disciplined for violating them. Federal-State Conflict Individual states do not need to follow all interpretations of the U.S. Supreme Court in

Balancing 4th Amendment Rights

664 words - 3 pages defines the rights of individuals from unlawful search and seizure within the framework of the 4th Amendment. The protection against unlawful search and seizure in the 4th amendment becomes meaningless if that protection can be circumvented through the use of illegally obtained evidence (during the search and seizure). Prior to the ruling in Mapp v. Ohio in 1961 thirty states, including Ohio, had rejected the exclusionary rule put in place in the case

Case Study: The Exclusionary Rule

1686 words - 7 pages criminal trial," (Schmalleger, 2011, p. 221).Since 1914, through a series of Supreme Court cases, the exclusionary rule evolved in U.S. law. Initially, the Supreme Court was concerned with how the police use illegal means to seize evidence in search and seizure cases, in which was in violation of the Constitution and use that evidence to get a conviction in court. By 1961, the Supreme Court "applied the exclusionary rule to state courts and law

Similar Essays

Search And Seizure Essay

1162 words - 5 pages Law enforcement officers are known to “hunt for property or communications believed to be evidence of crime, and the act of taking possession of this property,” also known as conducting a search and seizure. It is a necessary exercise in the ongoing pursuit of criminals. Search and seizures are used to produce evidence for the prosecution of alleged criminals. Protecting citizens from arbitrary searches, the Fourth Amendment of the Constitution

Search And Seizure Essay

6195 words - 25 pages a lawful warrant of arrest, the arrest may still be valid and the evidence obtained may still be admissible in evidence. Also, even in the absence of a lawful search warrant, the search and seizure may still be valid and the evidence obtained may still be admissible in evidence.One of the exceptions is what is known as the citizen's arrest. It is so called because it permits even a private individual to legally make an arrest even without a

Search And Seizure In Schools Essay

1717 words - 7 pages to warrant an arrest or search and seizure. However, because the Bill of Rights may be vague in its’ description of what constitutes “probable cause,” many cases have been brought before the Supreme Court to debate whether there was sufficient evidence for a search or seizure to take place, and some of these cases have dealt with searches and seizures in schools. One major Supreme Court case took place in 1984 and focused on the issue of

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