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Posted: February 13th, 2022
This assignment is due today in 9 hours…..if you bid and accept to do you will have done in 9 hours…… no late work…… based on US law
I need help writing my essay – research paper create and send me your paper detailing all the conditions under which law enforcement officers can conduct a lawful search and seizure.
Must be 1 page and a half …. 2 pages preferred of information……
I have provided some information below:
The issue of “Search and Seizure” pertains directly to the Fourth Amendment and the right to privacy. The Fourth Amendment does not guarantee absolute privacy in one’s person, house, papers and effects. The “Right to Privacy” is not guaranteed by the constitution but it is “inferred” from other rights guaranteed by various Amendments. The following identifies the various ways an officer may perform a legal search:
· Search incident to lawful arrest – refers to the police authority to search a person who has been arrested without a warrant.
· Search warrant – refers to a legal document signed by a judge granting permission for police to conduct a search.
· Probable cause – refers to a search based on the likelihood that there is a direct link between a suspect and a crime.
· Plain-view searches – refers to the authority to seize evidence that is clearly visible without a warrant. This requires that the officer had a legal right to be where he was when he observed the evidence. The evidence seized in plain view is admissible.
· Consent to search – If a person gives permission for a search, any evidence discovered is admissible. However, the person who gives the consent must have authority to do so. For example, a parent can give permission to search the room of a legal dependent living in the same house, but not that of a boarder who rents a room.
The Carrol doctrine pertains to the search of vehicles and established that evidence obtained in the search of an automobile without a warrant is admissible in criminal court if the police officer has probable cause to believe that a crime has occurred, or the circumstances are such that a delay in searching would result in the loss of the evidence. The rule requires that an officer must have probable cause to stop the vehicle in the first place. No probable cause to stop would make the evidence inadmissible.
Terry v. Ohio (1968) pertains to the search of a person and gives police the right to search a person for a concealed weapon on the basis of reasonable suspicion; called the “pat-down doctrine.”
There are a few exceptions to the warrant requirements listed above when the circumstances involve a concern for the public’s safety. For example, police may search without probable cause when not doing so could cause a threat or harm to the public. As such, police may search the area where a weapon may have been thrown by the suspect who is charged for a crime. They may also search airline, bus, and subway passengers, and conduct searches at borders and schools.
The Deadly force and fleeing-felon doctrine refers to the power of the police to incapacitate or kill in the line of duty. The practice of using deadly force against a fleeing suspect is deemed illegal except when there is a clear and present danger to the public. Clear and present danger is a condition relating to public safety that may justify police use of deadly force against a fleeing suspect.
An arrest is the restriction of freedom of a person by taking him into police custody. Law enforcement officers can make an arrest only under the following conditions: an arrest warrant is issued by the court; if they observe a violation of the law; under exigent circumstances, which unless immediate action is taken by the police, evidence may be destroyed or the suspect may escape; and, when probable cause exists to believe that someone has committed a felony.
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