Pros And Cons Of Search And Seizures

Many people today have faced a time or two where their person, property, or homes have been search by law enforcement. Search and seizure is when law enforcement authorities or police officers suspect someone of criminal activity and performs a search. During the search the officer may take anything that can be used as evidence to present to the courts. It is a chance that some people’s rights and privacy have been violated during these searches and seizures. The United States Constitution Fourth Amendment has been put into place to protect the rights of citizens against unreasonable searches and seizure by law enforcement authorities. The Fourth Amendment was passed in 1789 and later ratified in December 15, 1971. The Fourth Amendment offers protection and prohibits unreasonable searches and seizures. When, how, and why these searches have taken place is protected under this law. An officer of the law would need a warrant to perform the search and has to have probable cause in order to search a person and their property. The Fourth Amendment is implicated in a search when someone is pulled over by the cops, when being placed under arrest, when officers enter the

Probable cause is reason to believe that a crime has taken place or that the person’s property is in connection to some sort of criminal activity. In order to make an arrest without a warrant, probable cause must be present. Probable cause is a very important factor in the criminal justice system. No arrest, search or seizure can take place unless valid by reasonable belief. Searches that are made without a warrant, is deemed unreasonable with exception to exigent circumstances. Exigent circumstances, is when there is not enough time for an officer to secure a warrant and action has to be taken place. Although the spontaneous nature of the event is warrantless there still has to be probable