Search And Seizure Essays (Examples)

308+ documents containing “search and seizure”.


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Search and Seizure in the
PAGES 2 WORDS 650

An example would be if an office approached a car and saw an open container of liquor, or if he saw what appeared to be crack rocks on the dash board he would be able to search the rest of the car.
When it comes to searching a house without permission the officer must obtain a warrant and that can be obtained only if a judge is convinced there is PROBALE cause to believe the warrant will produce evidence of a crime. It cannot be because the officer has heard on the street the homeowner is a drug dealer. It cannot be based on the fact that the homeowner has been caught dealing drugs in the past. It must be because at this exact time in history there is reasonable and probably cause to believe that a crime is being committed. In other words it cannot be based on past….

Search and Seizure Law Known
PAGES 10 WORDS 3475

Further, these writs, once issued, could be reused, and did not expire until the death of the reigning monarch (Knappman, 33).
In Massachusetts, a group of colonial merchants, represented by James Otis, petitioned the Superior Court to refuse any new applications of writ following the death of George II. Otis, using the phrase "A man's house is his castle," argued in the case that the writs were a direct violation of Englis liberties and traditional English customs. While his case was heard, the court elected to defer decision until English legal authorities could decide the case. Eventually, the court upheld the use of writ, but no further writs were issued (Knappman, 34).

Clearly, the issue of search and seizure was to be important in the foundation of the United States, and one can see even prior to the Constitution evidence of such importance in the states' ills of Rights. Virginia, the….

The rights given under Fourth amendment are very clear and the search warrants that are issued have to clearly state the reasons for the search being conducted. The reasons must be clear, express and concise. There can be no fishing exercise. If the party concerned gives an acceptance for search after the illegal entry was done, then even the consent is tainted and invalid. What that means is that any acceptance of the search now from Mary Ellis would be invalid in the eyes of the law, and would not help the police in using the evidence that they have against William. The other problem was that evidence recovered from what was clearly a residence could not be accepted under the plain view doctrine, as the initial search itself was not under any warrant. The question of plain view doctrine is applicable only after the initial entry is made….

Search and Seizure
PAGES 3 WORDS 957

Traffic Stop
In the example, four men of unidentified race, acting in an unpredictable way in a marginal area of a city, fled in a car when asked simple questions by police. The police pursued, pulled them over, questioned them, and found that their stories did not seem truthful. Items found in the car were eventually connected to a crime.

According to LaFave (2004), the only issue in such a case is whether the traffic stop was legitimate or not (LaFave, 2004). To establish that, the police must have "probable cause." In this case, the officers suspected that the men may have engaged in a crime, but were essentially acting on a hunch. LaFave illustrates that such traffic stops meet such probable cause even when the evidence is not clear. Other rulings have demonstrated that during this stop, officers can ask questions of the occupants of the car, and that these initial….

searc and seizure laws. Te writer uses several cases to present a detailed exploration of searc and seizure laws and ow te courts rule wen tey are callenged. Tere were five sources used to complete tis paper.
Te Constitution of te United States provides protection from illegal searc and seizures troug te fourt amendment. Te fourt amendment is written in suc a way tat it can be vague wen it comes to wat is and wat is not a legal searc and seizure. Because tose wo wrote te constitution are no longer ere to clarify te points tat are not clear it is left to te United States judicial system to sort it out and make judgment calls wen searces and seizures are callenged, eiter by te government or by te recipient of te searc and seizure. Tis process places an enormous subjective burden on te court system but tere….

Computer Hackers Case Study
Hackers are people portrayed as super-criminals who have powers that enable them roam the internet searching for valuable information that is contained in an individual's or company's computer. The article is about a case of the United States v. Jarrett.in Jarrett the issue was if the prosecution was in apposition to use information that had been obtained by the search of private hackers of the defendant's personal computer. A computer hacker known as unknown user had hacked into steigner's computer and stumbled into evidence of child pornography. He went ahead to send emails containing the images and Steiger's personal information to the Alabama police department. Steiner was later arrested and he was convicted and sentenced to 171/2 years in prison. Unknown user was not to be prosecuted for hacking since he was a foreigner and thus was not subject to the laws in the U.S. He later….

Searching Phones
PAGES 2 WORDS 683

Supreme Court and Cell Phones
According to The Times Editorial Board (2013), the case concerns David iley, a Californian college student, who was pulled over by police for expired tags. During the incident, it was also discovered that his license had been suspended. As a result, the car was impounded and searched, after which guns were found under the hood. iley was then arrested and his Samsung phone was confiscated. When searching through the information on the phone, police found text messages containing information about a gang with a photo of iley and another man near a car that was involved in the shooting. iley was convicted of the shooting on the strength of this evidence (The Times Editorial Board, 2013).

The Court's decision revolves around whether the information on iley's phone is in fact admissible as evidence in a criminal case. Especially compounding the issue is that iley was arrested for….

Student Searches, Free Speech & Expression, and Privacy in the Wired Age
Student searches and in-school discipline for off-campus conduct

Free Speech and Expression on and off campus

Privacy in the wired age on and off campus. (Facebook, twitter, myspace, blogs, cellphones)

What are a students' constitutional rights when it comes to searches and seizures, on and off campus discipline, free speech, expression, and privacy in the wired age when on and off campus? How are students protected by the United States Constitution and Bill of Rights when it pertains to the three items listed above?

Students are often subject to rules and regulations that are associated with school codes of conduct and those rules and regulations are sometimes not reflective of constitutional rights to free speech and free action inside the laws. These long list of potential violations are printed by institutions and are made available to students, in secondary and postsecondary schools. Students….


The second criterion for distinguishing REP situations from non-REP situations in such cases is the physical relinquishment of the premises by the individual who was previously entitled to REP in that area. Typical scenarios of this type involve cases where law enforcement authorities search a hotel room that has apparently been vacated even prior to checkout time and the technical end of the lease period. In such cases, courts have determined that actual relinquishment (such as removing personal belongings and leaving the room key) terminate any REP even before the end of the formal lease period.

Critique:

The most questionable par of the article is the explanation of the converse situation: namely, where the room occupants do not relinquish the premises but remain in possession beyond the formal lease term. According to the author, the general rule is that any REP terminates upon formal expiration of the lease term. That does not….


Reasonable suspicion -- A carefully considered presumption, based on specific facts and circumstances, that a person is probably involved in criminal activity. efore an officer can act on this level of suspicion, he must have enough knowledge to lead any reasonably cautious person to conclude that a crime has been (or is about to be) committed by the suspect.

The 4th amendment dictates that all people are guaranteed against unreasonable searches or seizures of their person or personal effects. Still though a student has less of this right due to court's giving more leeway to schools in the name of student safety and well-being.

Is this an invasion of the student's privacy?

Student privacy or lack of privacy in school, how much privacy should the students have or need? "The main drawback to locker searches is the loss of privacy that students may feel. A locker is the only place in school that….

It also established that so long as a person can expect that their conversation or actions take place in private, they are protected by the Fourth Amendment search and seizure laws relative to surveillance as well as their property (Kitch, 1968). This is important because it shows that even though this case took place in the late 1960's, the new technologies that are making their way to the open market will ultimately be used to track and gather information on criminals and criminal activity, and that these new technologies will also have to fall under the umbrella of the protection guaranteed by the Fourth Amendment.
orks Cited

Amar, Akhil Reed. (1994). "Fourth Amendment First Principles"

Harvard Law Review, Vol. 107, No. 4 (Feb., 1994), pp. 757-819.

Goldsmith, Michael. (1973). "The Supreme Court and Title III: Rewriting the Law of Electronic Surveillance." The Journal of Criminal Law and Criminology (1973-), Vol. 74, No. 1….

Safford Unified School District v. edding and School PolicyIntroductionSafford Unified School District v. edding is a US Supreme Court case that was decided on June 25, 2009. The case dealt with the search of a student\\\'s underwear for prescription-strength ibuprofen pills at a school in Arizona.FactsIn 2003, Savana edding, a 13-year-old student at Safford Middle School in Arizona, was strip-searched by school officials. A fellow student had accused Savana of possessing prescription-strength ibuprofen pills, and as a result, the school officials searched Savana\\\'s backpack, finding no pills. Then, they made Savana remove her clothing, including her bra and underwear, and searched her. No pills were found during the search, and it was later revealed that the student who had accused Savana had never actually seen her with any pills.Procedural History: Savana and her mother, April edding, filed a lawsuit against the school district, the school principal, and the school nurse,….

Administrative Search Exception
Administrative Search Exemption

Administrative search exception: Why it applies to airport searches

The 'administrative search exception' has often been called the TSA's attempt to circumvent the Fourth Amendment. However, "while the new TSA enhanced pat downs may violate the Fourth Amendment on the surface, what most people are not aware of is that the 9th Circuit Court of the United States ruled on the search of passengers in airports back in 1973, which effectively suspends limited aspects of the Fourth Amendment while undergoing airport security screening" (Frischling 2010). The U.S. Supreme Court case which established the exclusionary rule as a rule of law (the idea that 'fruit of the poisonous tree' evidence obtained illegally could not be used against a defendant in a court of law) was not found to be applicable in this particular category of searches. The U.S. Supreme Court had already established in 1968 that police officers….

Private Security Law of searching an individual at Employers' Premises
In the United States and many part of the world, it may be necessary to search an individual at an employer's premise to prevent the person stealing an item from a store or carrying a dangerous weapon into the employer's premises. Sometimes, it may become essential to search a person if the person is being suspected of shoplifting. While some employers employ some plain-clothes agents to apprehend, detect and arrest shoplifters, however, employers are to understand the legal risks of searching a person indiscriminately. Before searching anyone at employers' premises, there should be a probable possible cause. Typically, it is very critical to establish a solid base for a probable search to prevent a false arrest claim.

Objective of paper is to explore the legal risks of searching an individual at an employer's premises.

Legal isks of Searching an individual at Employers' Premises

While….

Search Seizure or Trespass
PAGES 5 WORDS 1493

Tresspas
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION ONE

SHREK, THE OGRE )

Plaintiff and Respondent, )

) Case CJ -- 2012-1014

FAIRYTALE CREATURES and LORD FARQUAAD )

Defendant and Appellant )

STATEMENT OF FACTS

Shrek the Ogre has for a fair amount of years, owned a property near the swamps -- a place more or less undesirable by the rest of the community of the town. He has lived a quiet existence, keeping out of everyone way, and in this regard has been a model citizen. He has made the claim on the property known in no clearer terms by posting signs which indicate that the property belongs to him, and any intrusion of any sort would not be appreciated. He stresses a great deal of importance for the need of privacy and therefore prefers this seclusion.

The sudden injection of the fairy land creatures to this part of the town and….

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2 Pages
Term Paper

Transportation

Search and Seizure in the

Words: 650
Length: 2 Pages
Type: Term Paper

An example would be if an office approached a car and saw an open container of liquor, or if he saw what appeared to be crack rocks on…

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10 Pages
Term Paper

Business - Law

Search and Seizure Law Known

Words: 3475
Length: 10 Pages
Type: Term Paper

Further, these writs, once issued, could be reused, and did not expire until the death of the reigning monarch (Knappman, 33). In Massachusetts, a group of colonial merchants, represented…

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5 Pages
Term Paper

Criminal Justice

Search and Seizure the Question

Words: 2164
Length: 5 Pages
Type: Term Paper

The rights given under Fourth amendment are very clear and the search warrants that are issued have to clearly state the reasons for the search being conducted. The…

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3 Pages
Term Paper

Criminal Justice

Search and Seizure

Words: 957
Length: 3 Pages
Type: Term Paper

Traffic Stop In the example, four men of unidentified race, acting in an unpredictable way in a marginal area of a city, fled in a car when asked simple questions…

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8 Pages
Term Paper

Transportation

Compare and Contrast Case Laws on Search and Seizures

Words: 2244
Length: 8 Pages
Type: Term Paper

searc and seizure laws. Te writer uses several cases to present a detailed exploration of searc and seizure laws and ow te courts rule wen tey are callenged.…

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2 Pages
Essay

Criminal Justice

Computer Hackers and Search and Seizure United States vs Jarrett

Words: 737
Length: 2 Pages
Type: Essay

Computer Hackers Case Study Hackers are people portrayed as super-criminals who have powers that enable them roam the internet searching for valuable information that is contained in an individual's or…

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2 Pages
Essay

Criminal Justice

Searching Phones

Words: 683
Length: 2 Pages
Type: Essay

Supreme Court and Cell Phones According to The Times Editorial Board (2013), the case concerns David iley, a Californian college student, who was pulled over by police for expired tags.…

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4 Pages
Professional Writing

Business - Law

Student Searches Free Speech and Expression and Privacy in the Wired Age

Words: 1422
Length: 4 Pages
Type: Professional Writing

Student Searches, Free Speech & Expression, and Privacy in the Wired Age Student searches and in-school discipline for off-campus conduct Free Speech and Expression on and off campus Privacy in the wired…

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2 Pages
Research Proposal

Criminal Justice

Abandoned Property and Search and

Words: 595
Length: 2 Pages
Type: Research Proposal

The second criterion for distinguishing REP situations from non-REP situations in such cases is the physical relinquishment of the premises by the individual who was previously entitled to REP…

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4 Pages
Research Paper

Teaching

Random Locker Searches in Schools

Words: 1251
Length: 4 Pages
Type: Research Paper

Reasonable suspicion -- A carefully considered presumption, based on specific facts and circumstances, that a person is probably involved in criminal activity. efore an officer can act on this…

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5 Pages
Thesis

Criminal Justice

Executing Search Warrants Overview of

Words: 1528
Length: 5 Pages
Type: Thesis

It also established that so long as a person can expect that their conversation or actions take place in private, they are protected by the Fourth Amendment search…

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8 Pages
Term Paper

Law

Reasonable Suspicion to Conduct a Search

Words: 2538
Length: 8 Pages
Type: Term Paper

Safford Unified School District v. edding and School PolicyIntroductionSafford Unified School District v. edding is a US Supreme Court case that was decided on June 25, 2009. The case…

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3 Pages
Essay

Criminal Justice

Why Airport Searches Are Constitutional

Words: 971
Length: 3 Pages
Type: Essay

Administrative Search Exception Administrative Search Exemption Administrative search exception: Why it applies to airport searches The 'administrative search exception' has often been called the TSA's attempt to circumvent the Fourth Amendment. However,…

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2 Pages
Essay

Sports

Legal Risks That Involves Searching an Individual at Employers Premises

Words: 718
Length: 2 Pages
Type: Essay

Private Security Law of searching an individual at Employers' Premises In the United States and many part of the world, it may be necessary to search an individual at an…

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5 Pages
Essay

Business - Law

Search Seizure or Trespass

Words: 1493
Length: 5 Pages
Type: Essay

Tresspas THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION ONE SHREK, THE OGRE ) Plaintiff and Respondent, ) ) Case CJ -- 2012-1014 FAIRYTALE CREATURES and LORD FARQUAAD ) Defendant…

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