Police & Emergency Articles

Police Search And Seizure

There is a term within law enforcement that is known as search and seizure. It is a legal procedure allowing law enforcement officials who have suspicions of criminal activity occurring to search an individual's property and to take anything related to the crime itself. There are rules in place for such search and seizures to make sure that not only are the law enforcement officers covered but also the citizens have their rights protected. The Constitution of the United States is the particular document ensuring these rights to all involved. Unreasonable search and seizure is not allowed and also defined within the Constitution. This means you have a right to keep your privacy and not have it invaded by anyone who wishes to take it from you. To ensure that privacy is kept, a search warrant is issued before any search and seizure procedure is undertaken.

To be more specific, the Constitution of the United States has listed this search and seizure under the Fourth Amendment. More common to the whole of society is Fourth Amendment Rights Violations. This Amendment gives the average citizen security in knowing that their homes, personal effects, important documents, and even their own bodies can not be invaded with a just reason. For a search warrant to be issued, probable cause must be shown to the judge or court as to why the search and seizure is necessary. Not all search warrants are issued because of insufficient evidence to show probable cause in a situation. Since the Fourth Amendment of the Constitution is, at best, a vague writing, more specific requirements have been instituted by courts dealing with cases of searches and seizures. The ruling has brought about changes that affect the specifics of the Amendment.

When a search warrant has been issued, even though there may be probable cause, there are certain exceptions that can occur as to the validity of it. The individual may have questions as to whether or not proper consent has been given to carry out the search. If the individual allows the search to occur without the warrant in place then they must agree voluntarily to it. Unfortunately, there are no set rules as to what makes a search voluntary. In this case, a court will need to decide whether or not the voluntary consent was valid by looking at the entire situation. Law enforcement does not at any time have to inform the individual they have the right to say no to the search. In cases where another person has legal rights to the property along with the suspect in question, they are allowed to give permission to the search without the consent of the other party.

The idea behind the search and seizure is to protect the community when a wrong has been suspected. It is also true that the privacy rights of the individual suspect need to be respected and protected. Nobody wants to feel violated in any way and this is why the Fourth Amendment is in place for such situations. To keep yourself safe when faced with any type of law enforcement issue, it is a wise idea to make yourself aware of your rights and to learn what you can about it all. The best thing you can do to make sure this never happens to you is to make sure you are a law abiding citizen and keep yourself out of trouble.