Search And Seizure

SEARCH & SEIZURE AND FOURTH AMENDMENT Elizabeth Swift CJ-2241 INTRODUCTION The U.S. piece 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 render the ara immediately surround a theater of operations. Curtilage has the said(prenominal) 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 presumptive cause, warrants can be issued for search and seizure entirely they should be supported by oath/affirmation with detect 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 quarter Amendment of U.S. Constitution. APPLICABILITY The twenty-five percent Amendm ent is part of Bill of Rights. The Amendment IV was make in order to address the writ of assistance, i.e. search warrant, which was beaten(prenominal) with the American Revolution. The Fourth Amendment applies to governmental 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, heretofore an unreasonable one, effected by a private man-to-man not acting as an agent of the Government or with the participation or fellowship of any government official. join 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 across that persons crossing the matter border are not empower to the protections of the Fourth Amendment. get together 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 necessity to get a full essay, order it on our website: OrderCustomPaper.com

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