Searches and seizures

Running head : SEARCHES AND SEIZURES

Searches and Seizures

Author

Institution

Professor

Subject

Searches and Seizures

Introduction

When a law enforcement officer hands out a search warrant or stops and frisks a person in the street , certain indispensable constitutional rights are drawn in . In carrying out arrests , in searching individuals and their property , as well as in seizing contrabands and other prohibited articles , the Fourth Amendment of the United States Constitution sets restrictions on the authority of the law enforcement These limits are the foundation of law

on search and seizure . The limitations are entrenched from the inexcusable government exploitations resulting from writs of assistance ' and general warrants ' during the British colonial history in America . Consequently , with the aim of avoiding unlawful searching or seizing of property or persons , law enforcement officers are required to get hold of warrants . The law enforcement must as well establish probable cause , supported by affirmation or oath , and particularly describing the articles they will seize and the place they will search . However , since the enactment of the Bill of Rights a number of exceptions to the warrant requirement have taken place , therefore , balancing it with the state 's concern in safeguarding the public

The Fourth Amendment

The search and seizure provisions of the Fourth Amendment to the United States Constitution are all about privacy . To respect this freedom , the Fourth Amendment guards against unreasonable searches and seizures by federal or state law enforcement authorities . In addition , the Fourth Amendment also considers staff , faculty members and...