Discussion Week 5: Standards for Search & Seizure Assignment (Essay Sample)
Discussion - Week 5
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Standards for Search and Seizure
The Fourth Amendment of the United States Constitution governs the procedures for police to seize evidence and protects individuals from unreasonable searches. A common legal standard for search and seizure requires police to obtain a warrant before searching for and confiscating evidence from a suspect. Police also must establish a viable reason for the search. Police responsibility involves preserving the legal standards of reasonable search and seizure by using appropriate police authority and avoiding illegal invasion of personal privacy. While most police conduct searches with the goal of legally obtaining evidence, sometimes they obtain evidence through unreasonable search and seizure.
For this Discussion, search the Internet or use the Learning Resources to provide an example of a police search and seizure that is unreasonable and does not meet proper legal standards of the law. Then consider potential consequences of unreasonable search and seizure and think about how it might affect criminal justice.
By the end of this week, you should be able to:
- Analyze unreasonable search and seizure
- Justify the use of search and seizure
- Evaluate qualified immunity for school officials
- Analyze implications of search and seizure in criminal justice
With these thoughts in mind:
an example of a police search and seizure that is not reasonable and does not meet proper legal standards. Then, explain at least one consequence related to the execution of the unreasonable search and seizure in your example. Finally, explain one way an unreasonable search and seizure might affect criminal justice.
Be sure to support your postings and responses with specific references to the Learning Resources.
Search and seizure is a topic that has come up quite a number of times when the topic of social injustices are discussed. This is due in part to the fact that, there have been instances when the procedure has been used a racial injustice tool where members of the minority community are mistreated by the government agents such as the police (Legal Information Institute, 2016). There are times that the privacy of an individual is violated, with close reference to the seizures and searches conducted by the police. One of the examples that involves violation of the privacy of a citizen is related to searches and seizures is as follows; if a police officer without a warrant comes into a home and forces the homeowner to submit to a search, where evidence is then recovered, this will not be evidence that is admissible in court (Legal Information Institute, 2016). Ideally the evidence was collected in circumstances that are a direct violation of the homeowner’s Forth Amendment, as there was not a probable cause and the officer in question did not have a warrant to search the house. This is an aspect that has been q...
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