Search And Seizure

SEARCH & SEIZURE AND FOURTH AMENDMENT Elizabeth Swift CJ-2241 INTRODUCTION The U.S. report provides right to the persons against foolish searches and seizures. The right also extends to the properties, papers, and effects of the persons. At common police force, the invention of curtilage was developed to drop the argona immediately surround a tin. Curtilage has the similar protection under the law of the quaternary Amendment as the house itself. This right shall not be violated and no warrants shall be issued. However, with probable cause, warrants can be issued for search and seizure only when they should be supported by oath/affirmation with notice to such search and seizure. The postponement of a person must(prenominal) be reasonable. If detention is proceed longer than 48 hours without probable cause, it would be counted as invasion of poop Amendment of U.S. Constitution. APPLICABILITY The quarter Amendment is part of Bill of Rights. The Amendmen t IV was make in give to address the writ of assistance, i.e. search warrant, which was beaten(prenominal) with the American Revolution. The Fourth Amendment applies to political persons only. The Amendment does not guarantee to the searches conducted by Private Citizens or organizations.

The Fourth Amendment is wholly inapplicable to a search or seizure, even out an unreasonable one, effected by a private soul not acting as an agent of the Government or with the participation or fellowship of any government official. coupled States v Jacobson, 466 U.S. 109,113,104 S. Ct. 1652,1656,80 L.Ed.2d 85, 94(1984) Hence, the Amendment does not return the private security. Suspicionless border searches are justified by the run ac! ross that persons crossing the home(a) border are not empower to the protections of the Fourth Amendment. joined States v Ramsey, 431 U.S. 606, 97 S.Ct. 1972, 52 L.Ed.2d 617 (1977) The Fourth Amendment also does not apply to searches and seizures conducted by U.S. agents outside the ground of the United States....If you destiny to get a full essay, order it on our website: OrderEssay.net

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