Criminal Justice- Search and Seizure
Term paper submissions must be double-spaced, use 12 point font, and follow APA guidelines.
The topic for the term paper is as follows: Aside from plain view, locating physical evidence must be done through some kind of search. Chapter 16 (16.3) of the textbook (Ingram, J.L. (2018). Criminal evidence. (13th ed.). New York, NY: Routledge) addresses searches and seizures of property. Identify the different types of searches addressed in the text (ex.: warrantless searches, consent searches, probable cause searches of motor vehicles, etc.), the features of each, how they differ, and what must be done to obtain evidence legally under each type of search. Are these legal requirements effective or should there be different standards?
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Criminal Justice- Search and Seizure
Criminal evidence takes difference forms where criminal evidence is presented in the form of physical or verbal confirmation. Evidence proves a suspect guilty or innocent of the alleged crime. Types of evidence include confessions, recorded evidence from the use of digital gadgets, as well as searches and seizure of properties done legally by use of a search warrant according to (Ingram, 2017).The paper addresses the search and seizure of properties.
Search and seizure is the most practiced form of obtaining evidence by law enforcers where law enforcers are allowed to search homes and cars (Slobogin, 2016). Laws, according to the United States fourth amendment rules are followed during a search process where investigators are permitted and restricted according to the conditions of the law.First and foremost, the law enforcers engage in reasonable searches where the type of search have enough reasons and probability that evidence is found, which is known as the probable clause.
Property such as apartments and cars goes through searches after investigation demands for a search. The court gives authority to the law enforcer to carry out a property search through “legitimate expectations of privacy.” Searches are carried out, considering the privacy of properties with no disturbance to the owner of the property (Ingram, 2017). A search comes to an end after attaining objectives or during a failed mission — damaging properties during a search against the law.
A probable cause is an essential factor in criminal law where the law enforcers should have enough reason to conduct a search or seizure of property. Investigators with no likely clause are not allowed to search; therefore, an oath of affirmation is necessary to support the search. After a search is considered reasonable, the judge issues a search warrant which involves the location, and the type of properties searched, although, in case of illegal items spotted away from warrants specification, the police have the right to seize the issue (Slobogin, 2016). The law enforcers identify themselves with the person searched before starting a search as well as ensuring the premises are safe for a search, for instance, no weapon or persons hiding. According to various searches, power searches are conducted by officers of the same sex known as safeguarding dignity during a personal quest.
Law enforcers conduct a warrantless search when having consent from the owner who does not extend the limit provided (Segal, Sood, and Woodson,2019). More so, police carry out warrantless searches when the area has no reasonable expectation of privacy, for instance, searching for a garbage pit. In the case of exigent situations, warrantless searches are allowed because the situation is urgent for the police to obtain a warrant, for instance, in cases of 911 calls.
When observing the act of crime, .making felony arrests do not need a search warrant because law enforcers already have the evidence or the offender caught on the action, especially in public places. In cases where evidence is obtained illegally, the police are not allowed to use the evidence against the offender in trial considered as the exclusionary rule (Slobogin, 2016). The law enforcers are restricted from using the illegal evidence to get other evidence or relate to other evidence viewed as the fruit of the poisonous tree.
Law enforcers are not allowed to frisk a person without reasonable or probable suspicion of obtaining evidence, for instance, a person carrying out dangerous weapons. During a property search, the police searching gives notice before the quest to know whether the owner will be present.In cases where the owner is not current during the search day, a copy of the note, warrant, date of the search, and time of conducting the search is left on the premises.After the search is complete, the people or property found and seized, date, name of the owner or the person present, and the name of the police conducting the search and accompaniment.
During a search and seizure, law enforcement officers are given the right to take photographs by the use of drones as part of the evidence. Some police record conversations or eavesdrops conversations taking place in the premises only when a warrant is used but not by use of consent of the owner (Ingram, 2017). According to the United States laws, various properties are not subjected to seizure or confiscation, for instance, .house or apartment belonging to a family as the only place of residence and assets for the convict’s family such as clothing’s and transport system for the disabled.
After the seizure of properties, the authority behind seizure sends information through email to the owner on the location of seized property and details on how the property can be retrieved. Property seizure include illegal drugs, money connected to illegal business and property such as land and household (Ingram, 2017). After the seizure, a forfeiture proceeding is conducted against the seized property. The criminal charges are dropped, primarily when the offender and property seized are found innocent, done within ninety days.
Removal of seizure is done through termination of the situation when the court denies the claim or the court shows satisfaction of the claims.In cases involving the collection of debts in terms of money or property, a seizure is removed if the alleged person or family pays the mortgage. In cases where the court authorizes the seizure, removal of the seizure is conducted when the case is closed.
The legal requirements of searches and seizure of property are effective in reducing illegal searches and law enforcers unethical practices such as harassing suspects. Harrasement based n race and gender have reduced in America due to the laws (Segal, Sood, and Woodson,2019). According to human rights, individuals have freedom of speech and privacy especially on their personal properties Cases of warrantless searches with no authority or inaccordance to specified principles has reduced since the fourth amendment.Respect between police and citizens has impoved through considering the fourth amendment. Although the search and seizure require improvement especially in application of technology during searches for instance constant use of cameras and recordings in all cases including searches out of consent which enhance and saved evidence for easy retrival incase of lack of physical evidence.
Searches and seizures are conducted by law enforcement officers according to rules restricting illegal searches and seizures. Investigations go to an extent of a search where, after a reasonable situation, the judge offers a search warrant. The original condition is also known as the probable cause, which involves absolute enough reason and situation with a higher probability of finding evidence. A search gives after a probable cause, the search warrant consists of the location and purpose for search where the police have the right to extend a search. Sometimes searches are conducted without a warrant considered as warrantless searches.
Warrantless searches are conducted in cases of felony arrest, emergencies, and traffic searches and through owners’ consent. In cases of consent, the law enforcer is limited to expand the searches well as use gadgets to record and photograph. Seizure of property is conducted on stolen property, money related to illegal criminals, and drugs. The property seized can be retrieved if no evidence found or closure of the case. Seizure and searches follow the fourth amendment law to avoid illegal processes which are not used or recognized during a trial.
References
Ingram, J. L. (2017). Criminal evidence. Routledge.
Segal, J. A., Sood, A. M., & Woodson, B. (2019). The Murder Scene Exception-Myth or Reality: Empirically Testing the Influence of Crime Severity in Federal Search-and-Seizure Cases. Va. L. Rev., 105, 543.
Slobogin, C. (2016). 8. A comparative perspective on the exclusionary rule in search and seizure cases. Comparative Criminal Procedure, 280.
