The Act of Search and Seizure in the United States

Law enforcement officers are known to “hunt for property or communications believed to be evidence of crime, and the act of taking possession of this property,” also known as conducting a search and seizure. It is a necessary exercise in the ongoing pursuit of criminals. Search and seizures are used to produce evidence for the prosecution of alleged criminals. Protecting citizens from arbitrary searches, the Fourth Amendment of the Constitution is our right to limit and deny any unreasonable search and seizure. More often than not, police officers tend to take advantage of their authority by the use of coercion. Although it is unlawful, most citizens do not know what police officers can and cannot do in respect of their human rights.
The act of search and seizure is derived from the Fourth Amendment of the U.S. Constitution. The Fourth Amendment is focused on privacy. Its sole purpose is to protect against unreasonable search and seizures performed by State and/or Federal authorities. Most search and seizures are performed by law enforcement officials. There are certain circumstances in which search and seizures are considered reasonable. They can include but not limited to, owner consent, an issued warrant, probable cause, reasonable suspicion and reasonable expectation of privacy. With any of these circumstances an officer has the right to conduct a search of the suspect. A search and seizure is only to be considered unlawful when an individual’s personal property i.e., their house or car is searched or breached without owner consent. Consent is the permission granted for a search to given in one’s personal property. Otherwise, a warrant must be issued for the conducted search in order for evidence to be admitted lawfully. If...

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...sible land from a public place, and other places or items in plain or open view. The trial case of Minnesota v. Carter, 525 U.S. 83, 119 S. Ct. 469, 142 L. Ed. 2d 373 (1998) determined that houseguests “typically do not possess a reasonable expectation of privacy in the homes they are visiting. (Greenhalgh)”

As police officers continue their hunt to remove criminals off the street, search and seizure has been an ongoing pursuit. The Fourth Amendment protects our right against an unreasonable search. Just like citizens, police officers have limit caps on what they can and cannot do. Although they try to get away with coercion, our Fourth Amendment plays a crucial role in determining arbitrary and lawful search and seizures. Search and seizure has played an important role in law enforcement over the years and it still continues to shape our criminal justice system.