Search And Seizure Policies And Procedures

Running head : Search and SeizureSearch and Seizure Policies and ProcedureNameSchoolProfessorCourseAbstractOne of the matures afforded by the writing to the citizen is the right from unreasonable chase and raptures . However , on that point argon deterrent examples when this right can be legally surpassed by the political science authorities which is through a guaranty . Such justify should not be issued arbitrarily rather , it should comply with the inherent requirements . This will present the search and seizure and at the same time relate it with the present government policiesSearch and Seizure Policies and ProcedureBrief BackgroundThe right of the people to protect their homes from illegal search by authorities stemmed from the colonial era . In the role of Samayne refractory in 1603 , the right of both person to protect their houses from unlicensed entry was acknowledged (Find Law for healthy Professionals 2008 . However , the case also established the right of the King s agents to enter any subject s home , provided that proper procedures are applied . The maxim , Every man s house is his castle summarized the decision of the hail (Find Law for Legal Professionals , 2008 . The maxim was internationally recognized as it upheld the right of homeowners to their own houses . Eventually , the framers adopted the policy set down in decisions in England and inculcated in the Bill of Rights .

From there on , authorities were not allowed to enter and search other s house without a prior effectual noticeThe Source of search and seizureThe law that sets out search and seizure and its procedure is contained in the Fourth Amendment of the Constitution which providesThe right of the people to be promise in their persons , houses , s and effects , against unreasonable searches and seizures , shall not be violated , and no Warrants shall issue , but upon probable grow supported by Oath or affirmation , and peculiarly describing the place to be searched , and the persons or things to be seized (Find Law for Legal Professionals , 2008 , n .pAccording to the cited provision , citizens are assured of their right to privacy and right against arbitrary searches by government authorities (Belknap , 2004 . At the same time , the provision sustains the right of peace officers or law of nature authorities to enter one s dwelling to build search and seizure by virtue of a warrant . In addition the provision laid down the guidelines that police officers must comply when making searches or arrest . If the standards provided in the law are not abided by the police officers , the case of the government against the person who had been searched would be weakened . Even self-colored evidences taken that can establish the guilt of the accused would be nullified . This shows how important compliance to the fundamental elements of search and seizure isSearch and SeizureIt is fundamental that before an officer conducts search and seizure he must be armed first with a valid search warrant . A search warrant is specify as an in writing , issued by proper...If you want to complicate a full essay, order it on our website: Ordercustompaper.com

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