KIM WOODS Search and Seizure Paper

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search_and_seizure_outline.docx

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Search and Seizure Outline

I. Introduction

II. Definitions of Terms

A. Right to privacy

B. Search

C. Seizure

D. Arrest

E. Reasonableness

III. Examination of terms and how they apply

A. Stop-and –frisk

B. Automobile search rules

C. Requirements regarding border searches

D. Requirements for regulatory searches

IV. Conclusion

Search and seizure on legal law systems paper by MRM Meaning of terms; • Search and seizure This is a chronology used by legal systems mainly common law and civil law in interrogating a crime. • Right of privacy This is freedom from the unwarranted interrogation of your personal issues. Right of search is whereby one has a legal right not to be investigated or search without your consent. Right of seizure is freedom from being detained without any search that is equal to your seizing. Right of arrest and reasonableness means that no one has the right to arrest you without any reasonable reason respectively. • Stop-and-frisk This is the act of stopping people and interrogating them for search of crime suspects. This denies citizens of the right of privacy and rights because according to research almost nineteen out of twenty people stopped-and- frisked are fully innocent. • Automobile search rules This are searches which can be done by security agents without a warrant. It is mostly done by the traffic police to conduct searches and seizures. The rules are accompanied by less privacy among motorists and they should, therefore, expect less privacy in their cars more than their homes. The warrant is made to security sectors so as the search may be initiated to identify crime on our roads. Once the crime is noticed the suspected person is arrested for that reason and seized in police custody. • Border searches. This is a criminal law that allows investigation and seizing along international law, as well as regional borders. Thorough searches are done here which mostly include screening of electronic files. Officers normally meet reasonable suspicion standards before a seizure. The search is normally committed in a manner that it cannot damage the property or in an inoffensive manner • Regulatory searches. These are rules used to govern searches in commercially oriented property. In this case, some exigencies do not allow or justify entry anyhow in certain buildings. Entry and search in such cases would be a criminal a criminal offense and it, therefore, requires a warrant of searching. Search and Seizure on legal law systems paper by CE ° Search& Seizure: In the criminal justice field, search and seizure is a procedure that is utilized in common law systems. It allows law enforcement officials who reasonably and legally suspect a crime, to search an individual's home or property and seize specified items. ° Right of Privacy: This simply implies that all Americans should have the right to privacy while in their person, their home and their place of business. Both the Fourth Amendment and the Ninth Amendment rights focus on this right. The Fourth Amendment days," The right of the people to be secure in their person, houses, papers and effects, against unreasonable search and seizure". ° Stop and Frisk: This is one of law enforcement's most controversial procedures. This occurs when law enforcement officers confront (stop) a suspicious person(s) in order to prevent or deter a crime from taking place. The officer will pat down(frisk) the individual for evidence or paraphernalia and also question the individual. ° Automobile Search Rule: Unlike other searches and seizures; like of an individual's home or place of business, where a judge or magistrate must issue a warrant, this is not the case for an automobile search. This is one of the exceptions to the Fourth Amendment right of the Constitution. ° Border Searches: These are simply the searches of persons or effects at the border of the United States. The customs officer (International Customs Enforcement-ICE) searches in certain circumstances and does not require a warrant, no probable cause, not even the showing of some degree of suspicion. ° Regulatory Searches: A regulatory search or an administrative search is an inspection carried out in a public or commercial premise and used to enforce compliance with regulations or laws. The government; however, may not use a regulatory search or inspection as a pretext to search for evidence of criminal violations.

REFERENCES

Worrall. J. L. (2012). Criminal procedure: From first contact to appeal. (4th ed.). Upper Saddle River, NJ: Pearson Education.

Search and Seizure (1975) Journal of Criminal law and Criminology, 66 (4), 436-446

Unknown, Author. (2014). Legal Information Institution. retrieved from http://www.law.cornell.edu