Essay: Case study on Search and Seizure

Sample Essay

A search in an investigative case is defined by law as the invasion of someone’s privacy to gather evidentiary material which can pinpoint to the nature of the crime and those who were participants in it. The search of any entity requires there to exist a search warrant under most circumstances. The fourth Amendment of the constitution here does not prevent the invasion of privacy under the search for a criminal case. It only disallows search which is unreasonable and not related to the actual investigation in context. “Technically, the Fourth Amendment says that all searches are to be conducted under authority of a warrant (the warrant rule). Warrants can be issued to search premises (dwellings), vehicles, or persons. The Fourth Amendment also states that probable cause (the probable cause requirement) should form the basis of warrants, supported by oath or affirmation). There are different definitions of probable cause, from what a person of reasonable caution or prudence would believe in connection with a crime or criminal offender to what would make a reasonable person to more probably than not believe a guilty rather than innocent interpretation of facts, hearsay, or a combination of the two.” (‘Search and Seizure: A Guide to Rules, Requirements, Tests, Doctrines and Exceptions’, 2006)

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