Monday, April 29, 2019
Exceptions to the Search Warrant Requirement Essay
Exceptions to the Search Warrant Requirement - Essay ExampleA hunt club warrant is not an administrative function, it is a judicial act.In the United States, the issue of Search warrants is set(p) under Title 18 of the US Code. The law has been restated and extended under Rule 41 of the federal Rules of Criminal Procedure. Each state can frame its own laws governing the issuance of search warrants. poop Amendment to the United States Constitution is one of the provisions included in the Bill of Rights. The Amendment guards against inordinate searches and seizures, and was originally intentional as a response to the controversial writs of assistance, which were a significant factor behind the American Revolution.It is discover that , in US , of the of the 19.3 million traffic stops documented in the study, about 1.3 million motorists state they or their vehicle had been searched. In almost 90 percent of these searches, police found no tell apart of a crime .As such, Fourth Amen dment was made to protect the interest and proper(a)s of citizens and to prevent harassment to their personal look and property. It protects citizens against unreasonable searches and seizures, provides that a search warrant may be issued only on oath or avouchment that a crime was probably committed.The amendment applies only to governmental actors. It does not guarantee to people the right to be free from unreasonable searches and seizures conducted by private citizens or organizations. ... The Amendment guards against unreasonable searches and seizures, and was originally designed as a response to the controversial writs of assistance, which were a significant factor behind the American Revolution. It is observed that , in US , of the of the 19.3 million traffic stops documented in the study, about 1.3 million motorists said they or their vehicle had been searched. In almost 90 percent of these searches, police found no evidence of a crime .As such, Fourth Amendment was made to protect the interest and rights of citizens and to prevent harassment to their personal life and property. It protects citizens against unreasonable searches and seizures, provides that a search warrant may be issued only on oath or affirmation that a crime was probably committed.The amendment applies only to governmental actors. It does not guarantee to people the right to be free from unreasonable searches and seizures conducted by private citizens or organizations. More particular(prenominal)ally, the Bill of Rights only restricts the power of the federal government, but the Supreme Court of the United States has ruled that the Fourth Amendment is applicable to state governments by accomplishment of the Fourteenth Amendment. Moreover, all state constitutions contain an analogous provision. For eg. Article 1, and 7 of the Tennessee Constitution. Under the Fourth Amendment , searches mustiness be reasonable and specific. This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched. Fourth Amendment protects citizens from physical entry to the hearthstone by search officials. It applies equally whether the police enter a home to
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