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Friday, February 22, 2013

Search and Seizure

Subject: Case Analysis
Case: Search and Seizure

Background Facts:
Joe is a 26 years old man of a impertinent decent and is currently a U.S. citizen. He was pulled over by a law military officer when he was driving by an affluent Caucasian subdivision. Citing that this is a dryness checkpoint, officeholder Jones orders Joe to step out of the car. When Joe starts questioning the officer about the sobriety checkpoint, the officer becomes very aggressive with him and places him under arrest for interfering with formalised police conduct. After that, Officer Jones get into his fomite and remove a couple of items. Joe is later released from custody and told that Officer Jones was well within his official duties to pull Joe over for the sobriety checkpoint and to arrest him when he appe ard to be acting unruly. Joes items are not returned.

Laws:
1.) The Fourth Amendment to the Constitution:
a. The most important ascertain of law is the U.S. Constitution. The Fourth Amendment to the U.S. Constitution places limits on the power of the police to make arrests, calculate people and their property, and seize objects and contraband (such as illegal drugs or weapons). These limits are the bedrock of search and transport law. The Fourth Amendment to the U.S.

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Constitution reads 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[1] (Constitution, 1789).


b. The snap side is that the Fourth Amendment does permit searches and seizures that are considered reasonable. According to hypertext transfer protocol://criminal.findlaw.com/, in most instances a police officer may not search or seize an individual or his or her property unless the officer has:
1) A valid search warrant;
2) A valid arrest warrant;...If you loss to get a full essay, order it on our website: Ordercustompaper.com



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