Illegal Search and Siezure

A detailed Summary of Illegal Search and Siezure

It is a calm Saturday night, the sky is clear and the stars are out. The house down the street has invited some friends over for a party. There are a few kegs of beer in the basement and the music is playing. All the doors to the house are shut except the one that everyone walks through, and even that door is shut as soon as a person is inside. As the night gets longer, people get drunk and the music gets louder. Not a person at the party stops to think if the police are going to show up, until some one yells, "COPS!" The music comes to a dead silence and no one mumbles a word. About twenty minutes pass by, and someone walks up the basement stairs of the house and shuts the door behind him. A police officer is standing in the door accompanied by four other officers. The officers begin to inspect the perimeter of the house. This scenario is very common in the life of a college student. In the situation described do students know what to do, say, or even how to act when confro!

nted by one or more police officers at a party? The answer to this question is found with in the Fourth Amendment of the United States Constitution.

The Fourth Amendment of the Constitution is about search and seizure. The Amendment clearly states that, "

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at the courthouse a form is filled out stating exactly what the officer is looking for and where the people, places, and objects are to be searched and seized. It is then taken to a magistrate and signed. While the officers are getting a search warrant the property to be searched and seized is left alone.

The negative aspects of this Amendment take advantage of the student. If the student does not know their constitutional rights, then some law enforcement officers take advantage of a situation. This then makes the search and seizure illegal. If there is no probable cause, then the officer(s) have absolutely no right to be on the property. If a student asks the officer why he or she is there, the officer may not ignore the student. The officer does not have the right to search the premises with flashlights if nothing is visibly wrong. To do so requires a warrant. It is illegal for an officer to climb through an un-open window or open a shut door without the permission of the person in the house. When officers speak, they word things in an intimidating manner, as if to trick the student into letting them in the house. If an officer leaves to obtain a search warrant, no other officers are allowed to barricade, block, or patrol

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Approximate Word count = 883
Approximate Pages = 4 (250 words per page double spaced)

Category: Miscellaneous

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