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Search And Seizure


             Many years later at the state level in the 1961 landmark case of Mapp v. Ohio, the U.S. Supreme Court expanded the rights of the accused by applying the exclusionary rule to both federal and state criminal trials. Ms. Mapp had been sentenced to a year in jail for possessing pornographic materials seized in a search of her apartment. The police entered her apartment without a valid warrant. The state attorneys argued that no matter how incorrectly the police behaved, their actions did not change the facts in the case. Ms. Mapp was guilty of possessing pornographic materials and her conviction should stand. The State also argued that the U.S. Supreme Court should allow local government to handle police excesses in their own way. The Supreme Court disagreed with the state of Ohio and would not accept such an abuse of power exhibited by the Cleveland police. The Court's decision ensured that all citizens were afforded Fourth Amendment protection against "unreasonable searches and seizures" by all levels of governmental officials.
             In circumstances when the court finds that an illegal search occurred, any evidence seized as a result of the search cannot be used as direct evidence against the defendant in a criminal prosecution. To this day, many people criticize it on the ground that it unfairly lets the criminal go free because the law has erred. In contrast supporters of the exclusionary rule argue that excluding illegally seized evidence is necessary to deter police from conducting illegal searches. According to the deterrence argument, the police will not conduct improper searches if the resulting evidence cannot be used to convict the defendant. Some defendants falsely believe that if they can show that a search was illegal, the case must be dismissed. If a prosecutor has enough other evidence to prove the defendant guilty, the case can continue. Also, the illegally seized evidence can be considered by a judge when deciding on an appropriate sentence following conviction and admitted in civil cases.


Essays Related to Search And Seizure

1. Probable Cause, Search And Seizure

The fourth amendment to the United States Constitution is an important addition that guarantees" our right to be free from unreasonable search and seizure. It also states that no searches and seizures can be conducted without probable cause nor can any warrants be issued. ... Countless cases existed involving the unjust seizures of items and unreasonable searches. The need for privacy in one's own home and for a law against unjust search and seizure not only contributed to the colonists" strive toward independence, but was largely reflected upon during the composition of the fourth amendm...

  • Word Count: 2671
  • Approx Pages: 11
  • Has Bibliography
  • Grade Level: Undergraduate

2. Search And Sezuries

But of course that environment can't be gained unless certain precautions are taken, such as search and seizures. Search and seizures are used to insure that schools stay safe. Some might think that search and seizures are illegal but at the beginning of every school year students have to sign the Stafford County Code of Conduct. ... Thus any search conducted with reasonable suspicion is perfectly legal. To provide a desirable environment at school searches must be conducted. ...

  • Word Count: 214
  • Approx Pages: 1
  • Grade Level: High School

3. Search, Seizure and the Fourth Amendment

The Purpose of a Search and Seizure Evidence search serves the objective of identifying the existence and place of evidence; searches consist of checking the location with the purpose of discovering criminal evidence. ... The nature of a search constitutes an interference of a person's right to privacy, as well as, a constitutional condition against any unreasonable search and seizure. ... Four Requirements for the Issuance of a Search Warrant A ruling by the Supreme Court that expresses the Constitution preference of search, seizure or an arrest that is performed pursuant to a legally ...

  • Word Count: 1726
  • Approx Pages: 7
  • Has Bibliography
  • Grade Level: Undergraduate

4. Search or Seizure

Constitution states as follows: "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." ... They came to her house, and she refused them in without a search warrant. ...

  • Word Count: 503
  • Approx Pages: 2
  • Grade Level: High School

5. Exceptions to the Fourth Amendment

The Fourth Amendment restricts the government or anyone acting as an agent of the government from entering some ones" home to conduct a search or seizure without a search warrant. ... As a general rule in cases relating to searches and seizures, any property seized by the police without a search warrant will not be admitted into court as evidence, unless a search warrant was obtained to search for, and seize the property in question. ... The Fourth Amendment states that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and...

  • Word Count: 615
  • Approx Pages: 2
  • Grade Level: Undergraduate

6. Crime

Arrest • Arrest takes place when a person suspected of a crime is taken into custody • An arrest is considered a "seizure" under the 4th amendment and the constitution requires that seizures be reasonable. ... Search and Seizure The 4th amendment protects us from protects us from unreasonable search and seizure and established conditions under which search warrants may be issued. The 4 amendment does not give citizens absolute right to privacy nor does it prohibit reasonable searches. A search can be considered reasonable if it is...

  • Word Count: 468
  • Approx Pages: 2
  • Grade Level: High School

7. 4th Amendment and the Patriot Act

This new kind of legislation has broadened the government's power over searches and seizures. ... "The right of the people to be secure against unreasonable searches and seizures," means that probable cause is required for a warrant to be issued. ... Law enforcement official could abuse their power of search and seizure and the public would never know. ... The new broadened powers of law enforcement officials regarding searches and seizures definitely violate the terms of the fourth amendment. ... Under the fourth amendment all citizens were guaranteed freedom from unreasonable searc...

  • Word Count: 1358
  • Approx Pages: 5
  • Has Bibliography
  • Grade Level: Undergraduate

8. Bill Of Rights

The fourth amendment talks about search and seizures. ... The fourth amendment is about search and seizures. ... In some cases officers will conduct illegal searches and seizures. ... The most common illegal search would probably be on a motor vehicle. Kids are sometimes the reason the officers search. ...

  • Word Count: 993
  • Approx Pages: 4
  • Grade Level: High School

9. Bill Of Rights

The fourth amendment talks about search and seizures. ... The fourth amendment is about search and seizures. ... In some cases officers will conduct illegal searches and seizures. ... The most common illegal search would probably be on a motor vehicle. Kids are sometimes the reason the officers search. ...

  • Word Count: 993
  • Approx Pages: 4
  • Grade Level: High School

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