search
Search and Seizure laws have become the most complex in recent history. The United States Supreme Court and a few U.S. Appeals Courts have decided cases that revolve around this complexity. Several judicial reviews have been handed down in this article to form a guideline for the police who effect search and seizures upon individuals and vehicles. These laws will greatly benefit both the law enforcement officer and the common person if a situation ever arises where these laws must be enacted. Probable cause is most often at the center of a search and seizure. Technically, probable cause means - apparent and reliable facts that create a reasonable belief that a crime has been or is being committed. In a 1986 supreme court case Malley v. Briggs, it was decided that the police are not entitled to absolute immunity from civil damages, if officers proceeded with a lack of probable cause. (Effective) This decision was a big victory for the people's rights. It made it so that !the police may no longer rely blindly on the authority of a magistrate, and they can be held accountable for there actions. In Minnesota v. Dickerson -1993- (Effective) a man was seen evasively leaving a building known for cocaine traffic. Officers stoppe
an will not justify a warrantless search of a suitcase. d him and subjected him to a pat-down. They felt a large lump in his pocket and proceeded to remove it. The lump was identified as cocaine and the man was arrested. Unfortunately for the police, the evidence was surpressed because the officers never thought the lump to be a weapon, and therefore any further investigation was unconstitutional. ------------------------------------------------------------------------ t searches of closed or open glove compartments, consoles, or other objects anywhere within the car, as well as luggage, boxes, bags, and clothing could all be searched during a legal arrest and all the evidence could be used in a court of law. United States v. Ross - 1982- gave a much clearer picture of the search and seizure laws. This case occurred in the District of Columbia when an informant gave officers a drug dealers' description. The police also received information that the dealer stored narcotics in his vehicle. The vehicle was later spotted and the driver was arrested. An officer seized and opened a sealed paper bag that contained heroin. The vehicle was later brought to the station where more incriminating evidence was found. This case made it possible for officers to search anywhere in the vehicle that may conceal the evidence that they have probable cause to believe is there. For example, probable cause to believe that illegal aliens are being transported in a v! The reason for this goes back to a 1968 case of Terry v. Ohio, where the court allowed for pat-down if they felt endangered. The court allowed for the search for weapons, but not anything else in this decision. Automobile se
Some common words found in the essay are:
District Columbia, Fourth Amendment, Lattimore June, Appeals Courts, Supreme Court, Minnesota Dickerson, Terry Ohio, Malley Briggs, Wilson Search, York Belton, search seizure, probable cause, consent search, supreme court, search seizure laws, search vehicle, court allowed, fourth amendment, cause believe, conduct search, law enforcement, probable cause believe, united supreme court,
Approximate Word count = 1138
Approximate Pages = 5 (250 words per page double spaced)
|
