Essay: Case Study On Seizure

Sample Essay

A seizure on the other hand is the confiscation and the withholding of evidentiary material which can contribute to the case from the original owners and caretakers of the property. The law enforcement parties are allowed temporary seizure limited of up to 72 hours however in criminal cases it is possible for the law enforcement parties to confiscate the property/ seize the property for an undetermined longer period of time.

The exclusionary rule which is going to be discussed later in the paper relates to the law which protects the community and the people of the country by providing them protection against unlawful and unreasonable seizures by corrupt officials. The evidence which is collected through such means is called the fruit of the poisonous tree if the evidence is found to be tainted due to the nature of its seizure.

As mentioned earlier there are warrants required for the search of property and the consequent seizure of evidentiary items. However the state is provided with a Carte Blanc in certain cases where their jurisdiction overrules the privacy of the person in question under the Constitution.

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