Search and Seizure essay

Search & Seizure

The exceptions stipulate the circumstances under which a person may not be subjected to search and seizure. One of the exceptions encompasses the search incident including a lawful arrest, which does not require a search warrant. Under this exception, the police have the authority and mandate to search a person, as well as the area that surround the person, provided the arrest made by the police is lawful (Bridegam, 2004). The other exception to a search warrant is an exception; in this case, search can be conducted when a figure of authority gives consent. For example, search cannot be considered as a violation of the fourth amendment when the authority to search a suspect is given by close relatives. The other exception to the search warrant includes the automobile exception. In this regard, police can search vehicles since there is high mobility associated with vehicles. As such, a vehicle can be searched if the police suspect that it has been used or can be used to commit a crime (Hall, 2009).

The other exception to the search warrant includes the stop and frisk exception whereby police can stop a suspect when they suspect them of committing a crime. Police have exclusive authority to stop and frisk persons suspected of being dangerous and armed. The other exception includes the emergency or hot pursuit exception. Under this exception, there may be a seizure of the evidence that can be destroyed before a search warrant can be issued (Schneid & Schumann, 2006). In my opinion, these exceptions exist with the sole aim of ensuring that criminal activities are curtailed. The existence of such exceptions gives law enforcement officers the authority to detect possible instances of crime. I agree with these exceptions since they form the basis for the prevention of criminal acts. The exceptions help law enforcement officers to collect evidence that may be used against offenders.

References

  1. Bridegam, M. (2004). Search and Seizure. New York: Infobase Pub.
  2. Hall, D. (2009). Criminal law and procedure. Clifton Park, NY: Delmar Cengage Learning.
  3. Schneid, T. D., & Schumann, M. S. (2006). Legal Liability: A Guide for Safety And Loss Prevention Professionals. New York: Jones & Bartlett Pub.

Search and Seizure essay

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