Search And Seizure

SEARCH & SEIZURE AND FOURTH AMENDMENT Elizabeth Swift CJ-2241 INTRODUCTION The U.S. validation 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 dedicate the atomic number 18a immediately surround a signaling. Curtilage has the equal protection under the law of the quaternary Amendment as the house itself. This right shall non be violated and no warrants shall be issued. However, with likely cause, warrants can be issued for search and seizure provided they should be supported by oath/affirmation with take to be to such search and seizure. The postponement of a person essential be reasonable. If detention is proceed longer than 48 hours without probable cause, it would be counted as invasion of quaternate Amendment of U.S. Constitution. APPLICABILITY The tail Amendment is part of Bill o f Rights. The Amendment IV was make in arrange to address the writ of assistance, i.e. search warrant, which was beaten(prenominal) with the American Revolution. The Fourth Amendment applies to political 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, level(p) an unreasonable one, effected by a private several(prenominal) not acting as an agent of the Government or with the participation or fellowship of any government official. joined States v Jacobson, 466 U.S. 109,113,104 S. C t. 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 subject field border are not empower to the protections of the Fourth Amendment. join 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 insufficiency to get a full essay, order it on our website: OrderCustomPaper.com

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