The Criminal Process

Search and Seizure

Introduction

In the history of criminal justice , one of the most challenged principles is that of search and seizure . Search and seizure is also the noblest procedure in criminal procedure that may determine the finality of a case . Aside from that , the requisites of search and seizure are sensitive components in criminal procedure that must be strictly complied with in not to strike into the heart of Constitutional guarantee of privacy . It has also complexities that require careful consideration of the essential elements of each component . The

inculcation of search and seizure in the Constitution ensures that the privacy of every individual , including the accused , is respected and given paramount importance . The essential components and processes have been provided in the Fourth Amendment . Hence , in this the criminal procedure in making search and seizure will be discussed thoroughly through the incorporation of significant cases

Body

The search and seizure process has been laid down in the Fourth Amendment which states

The right of the people to be secure in their persons , houses , s 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 (Find Law for Legal Professionals , 2008 , n .p

Through the Constitutional provision , an individual is protected of his life , liberty and property . Even the state cannot infringe into one 's privacy...