Search and Seizure Laws

Paper Summary:

This paper presents a detailed examination of a particular crime scenario and relates how search and seizure laws and rules apply to it. The paper explores the scenario and how the defendant's attorney could effectively argue against some of the evidence that was obtained in the search of the home where the body was found.

Outline:
Abstract
Introduction
History
Search
Constitution
The Case

From the Paper:

"The constitution addresses the topic of search and seizure and the boundaries that must be followed.
In another CA case a man was refused entry to his home until police officers could obtain a search warrant that uncovered some marijuana.
The police were initially called because his ex-wife was moving out and asked for a civil standby while she removed her things. As she was leaving she told officers that she saw her husband hide marijuana under a couch. Police refused to allow him entry to the home for 15 minutes while they obtained a search warrant because they believed if he got into the house he would flush the evidence. The courts held the actions were illegal. The law allows search and seizure without a search warrant in cases of extreme and immediate danger to someone's life. This was not the case in the marijuana search. "

Sample of Sources Used:

• Chun, Brian (2002). The unclearly established rule against unreasonable searches and seizures.(Transparent Adjudication and Social Science Research in Constitutional Criminal Procedure) Journal of Criminal Law and Criminology; 3/22/2000; Chun, Brian H.
• Campos, Art (2006) Judge refuses to toss out evidence in Garcia trial: He rules the search and seizure of the car were legal. Sacramento Bee (Sacramento, CA)
• Murray, Frank (2000) Supreme Court weighs search-and-seizure issue.(Nation)The Washington Times; 11/2/2000; Murray, Frank J.
• Martin, Robert L. (1998) Search and seizure in Florida schools: the effect of police involvement. Florida Bar Journal; 5/1/1998; Martin, Robert L.
• Ruderman, Trenton (2002) SUPREME COURT REFINES LAW ON SEARCH, SEIZURE The Record (Bergen County, NJ);

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• Research Paper # 74751 : "Search and Seizure Law"

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