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  • Essay / The act of search and seizure in the United States

    Law enforcement officers are known to "search for property or communications considered to be evidence of a crime, as well as to take possession of these assets”, also called “conducting an investigation”. search and seizure. This is a necessary exercise in the continued pursuit of criminals. Searches and seizures are used to produce evidence to prosecute suspected criminals. Protecting citizens from arbitrary searches, the Fourth Amendment to the Constitution gives us the right to limit and refuse unreasonable searches and seizures. Most often, police officers tend to take advantage of their authority by resorting to coercion. Although it is illegal, most citizens do not know what police officers can and cannot do while respecting their human rights. The act of search and seizure arises from the Fourth Amendment to the U.S. Constitution. The Fourth Amendment is all about privacy. Its sole purpose is to protect against unreasonable searches and seizures by state and/or federal authorities. Most searches and seizures are carried out by law enforcement. There are certain circumstances in which searches and seizures are considered reasonable. They may include, but are not limited to, consent of the owner, an issued warrant, probable cause, reasonable suspicion, and reasonable expectations of privacy. In each of these circumstances, an officer has the right to conduct a search of the suspect. A search and seizure should only be considered illegal when an individual's personal property, i.e., their home or car, is searched or violated without the owner's consent. Consent is permission granted for a search of personal property. Otherwise, a warrant must be issued for the search carried out in order for the evidence to be legally admitted. If ...... middle of paper ...... possible terrain from a public place and other places or objects in plain view or open areas. The Minnesota v. Carter, 525 US 83, 119 S. Ct. 469, 142 L. Ed. 2d 373 (1998) determined that guests "generally do not have a reasonable expectation of privacy in the homes they visit." (Greenhalgh) “As police continue their hunt to remove criminals from the streets, searches and seizures are a constant pursuit. The Fourth Amendment protects our right against unreasonable search. Just like citizens, police officers have limits to what they can and cannot do. Although they attempt to escape coercion, our Fourth Amendment plays a crucial role in determining whether searches and seizures are arbitrary or lawful. Search and seizure has played an important role in law enforcement over the years and continues to shape our criminal justice system..