Search and Seizure Term Papers
A search and seizure term paper attempts to discuss the Fourth Amendment issue of search and seizure. A search and seizure term paper may briefly cover the following issues: 1] the role that search and seizure currently plays in criminal investigations; 2] its foundations in English common law and the Fourth amendment of the US Constitution; 3] some aspects of search and seizure that are currently deemed problematic.
“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause…” is language enshrined in the Fourth Amendment of the Bill of Rights. Lawrence Tribe notes that this Amendment is, on the most fundamental level, one of the sources of the “protected rights of personhood”. As interpreted by the courts, the right to be protected from unreasonable searches and seizures places severe restrictions on police conduct.
Search and seizure can be divided into two aspects: searches with and without a warrant. It has been the distinct preference of the US Supreme Court that no search should be conducted without a warrant, however, the courts have pragmatically recognized that there are instances, “exigent circumstances,” when the police may conduct warrantless searches. These instances, however, as Reid states, “are few, specifically established, and well delineated.” In both searches made under a warrant and those that are warrantless, there must be “probable cause”. In the former case a judge or magistrate makes this determination; in the latter the police do. If the case goes to court then the trial judge often will be asked to make a ruling on whether probable cause was in fact in play. But there is an institutional bias in the courts with respect to review of warrants issued by a magistrate and police behavior in the field. Judges and magistrates are assumed to be much more “impartial” than are the police and it is therefore when the police act on their own initiative, without a warrant, that probable cause is most often deemed not to have been operative.
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Custom Search and Seizure Term Papers
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