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Search and Seizure by definition refers to a police practice whereby a person or place is searched and evidence useful in the investigation and prosecution of crime is seized. The Fourth Amendment and Fourteenth Amendment to the United States Constitution and constitutionally limit the search and seizure by provisions in the several state constitutions, statutes, and rules of court. Generally, people instinctively understand the rights and concepts and of privacy. Its the freedom to decide which details of your life are private and public. Likewise, we acknowledge that society is served when the police, in appropriate circumstances, are allowed to investigate and confiscate contraband, stolen goods and evidence of a crime. However, the Constitution plays a significant role in our attempts to balance our desires for privacy against the legitimate needs of the police.
It is the Fourth Amendment of the U. S. Constitution, which prohibits unreasonable searches and seizures by state or federal law officers. Basically, this means that the police may conduct a search of your property according to the conditions: (1) The police can show that it is more likely than not that a crime has occurred and that if they are allowed to search, they will probably find evidence or contraband. This apparent and reliable fact that create a reasonable belief that a crime has been or is being committed is called probable cause. (2) A judge agrees there is probable cause and issues a search warrant, or the police are permitted to search without a warrant because of the particular circumstances involved. In People vs.
Bennett, 70 Cal. Rptr. 2 d 850 (Cal. 1998), the Supreme Court upheld the seizure of a motel room in which the investigating officer told the manager to put a cuff lock on the outside of the motel room. The defendant, who was arrested for a recent murder had been occupying the room and still had another 18 hours left until checkout time the next morning. The investigating officer ordered the motel manager to bar access to the room in order to prevent one of the defendants relatives from entering the premises and possibly destroy evidence of the murder.
The intrusion on the defendants Fourth Amendment interests was minimal here because only the police prohibiting anyone from entering it impaired the defendants rights of possession in the room. However, there are exceptions to the warrant requirement that justify a search and is exempt from the general principle. The first one is Exigent Circumstances. The situations that are classified under the exigent circumstances exception can be grouped into three categories. An exigency exists if: 1) there is a good chance evidence-either contraband, instrumentalities used in the crime, or the fruits of the crime-is being or will be destroyed or concealed; 2) it is likely a suspect will flee; 3) there is a real danger to people. In Conway vs.
Pasadena Humane Society, 52 Cal. Rptr. 2 d 777 (Cal. App. 1 Dist. 1996), the court noted that absent consent, exigent circumstances must exist for a warrantless entry into a home, despite probable cause to believe that a crime has been committed or that incriminating evidence may be found inside. The court pointed out that no hard and fast litmus test would be employed to determine when exigent circumstances exist, and the presence or absence of such circumstances is determined on a case-by-case basis.
Two primary considerations in making this determination are if there is imminent danger to the police or public safety. However, the underlying offense was minor which was a violation of a leash law, therefore, no exigent circumstances were present justifying the warrantless entry of a home by Humane Society agents to impound the animal. The second exception to the warrant requirement is Destruction or Removal of Evidence. Where police have a reasonable belief that evidence is being or about to be destroyed, a warrantless entry may be permitted under this exception. Where police have an objectively reasonable fear that evidence is being or about to be destroyed and a reasonable belief that there are people within the home presently capable of destroying or hiding the evidence, and the officers fear is of an immediate or imminent destruction, the requirements of the exception are met. For example, In People vs.
Ortiz, an officer was walking down a hallway in a motel, on his way to investigate reports of drug sales totally unrelated to the defendant, when he happened to look through an open door and see defendant and his female companion counting out packages of heroin and placing them on the table. Officer was at most six feet away from the pair, and as he could see them, they could certainly see him. The court noted that it is common knowledge that those in possession of narcotics will try to destroy them when seen by law enforcement. In addition, court discovered that the drug trafficking would have continued long before the officer could have obtained a search warrant, and the two may have been armed.
Therefore, the officers warrantless entry to seize the narcotics was justified and valid. Although the fact that the grounds for arrest involve narcotics, if there is no indication of drugs being hidden or destroyed, it will not justify the arresting officer conducting a warrantless search of the arrested home for narcotics. However, if the police are able to view contraband or evidence on your property without actually entering it, they have not conducted a search. In other words, you cannot have a reasonable expectation of privacy in an area that can legitimately be seen from outside your property. This means that the police can use what they have seen as the basis for getting a warrant to come in and take a closer look. The situation would have to call for prompt action Furthermore, Law enforcement officers are allowed to take aerial photographs or come close enough to overhear your conversations-these actions are not considered searches.
On the other hand, without a warrant or an exception to the rule requiring a warrant, officers are probably not allowed to use sophisticated equipment to discover what is on your property or to eavesdrop on your conversations. In general, if the investigation method is highly artificial and high-tech, its likely to be considered a search. Where the line is drawn, however, is not clear or consistent from state to state. The third exception is Flight of the Suspect. If police have evidence demonstrating a suspect is an immediate flight risk, and has the present ability to flee the jurisdiction, a warrantless entry may be permitted to apprehend that suspect before flight. Fourthly, is the Safety of the Officer or Others.
If the officer believes that the suspect is armed ands presents a real and immediate danger to the officers or other people, a warrantless entry is permitted. The officers are entitled to conduct such a warrantless search of a residence, if the shooting occurred outside the residence. The fifth element falling under warrantless searches is Hot Pursuit. A warrantless entry of a private dwelling will be allowed when police are in hot pursuit of a suspect who they have probable cause to believe committed a felony.
The pursuing officers must have probable cause to believe the suspect entered a specific dwelling. After following the suspect into the dwelling, the police may seize contraband, weapons, instrumentalities or fruits of crime...
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Research essay sample on Search And Seizure Probable Cause
