Police Search and Seizure

Police Search and Seizure

Daniel Walker

DeVry University

Professor Weber

May 31, 2015

Police Search and Seizure

The Fourth Amendment states "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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."  This amendment protects the people of the United States from the government from unreasonably searching an individual, their home, or property. It also protects from the government from unlawfully seizing property as evidence in a court of law.

The fourth amendment does protect from unreasonable search and seizures however what happens when there is a reason. When a search warrant is released from a magistrate or judge then law enforcement agents is allowed to enter that individuals home, business, property, vehicle, etc. to conduct search and seizure operations. Even though police allowed to conduct search and seizure there are limitations to what they are allowed to search and seize. Those places and objects have to exclusively written in the warrant. A good example of that would be when police have probable cause to search a known drug manufacturing group who are creating meth, heroine, crack etc. out of a house or other building.

 On the other side of that an arrest warrant that is released from a magistrate or judge is executed to find and arrest one individual. That individual may have previously arrested or has failed to make a designated court appearance. Arrest warrants may be issued for long periods of time. However, a judge may cancel the warrant if and when the individual pays their fines or turn themselves in. A good example of this would be if during an investigation of a murder the evidence shows probable cause of an individual being the prime suspect then an arrest warrant would be issued.

There are always exceptions to the rule, and three of those exceptions are search incident to lawful arrest, the plain view exception, and consent. The “Search incident to lawful arrest” exception allows officers to search the property with in the arm span of the individual being arrested without a warrant. An example of this would be if Joe was pulled over for DUI and an illegal firearm was found in the center console then it could be used as evidence in a court of law. The plain view exception allows the police to search and seize evidence that is plain view of the officers on scene. A good example of this would be if police were to be called to a noise complaint to a residence and cocaine was lying on the coffee table in plain sight it would be admissible in court. Finally consent exception states that if owner of the residence, business, or other property were to consent to the police searching their premises then a warrant wouldn’t be needed.