Increasing the Rates of Crimes in Modern World Essay
The constitution clearly protects them against unreasonable raids from the police force in that in case a police officer wants to conduct a search he must be armed with a search warrant issued by the relevant authorities in this case an officer in the judicial system a judge or a magistrate. A search warrant is a the security personnel to conduct a search and confiscate available evidence from an alleged place (Siegel, 2009). This protects the American citizens against by the 4thamendment of the country constitution that states that
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no , but upon Probable Cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Hill, n.d, pg 1)
Nonetheless, a search warrant is necessary in the incidences of (lawful) arrest and items seizures as long as the security has got the evidence of the open view criminal offense.
Under the US (criminal) justice, a search is the pursuance by the security personnel for property (or communications) which if seized will of hints on how to . There exist two types of searches: Routine searches and non routine searches. A routine search is not subjective to a particular individual but it is a compulsory activity. Its a day to day activity for example when boarding a plane or when traveling to a long journey together. Searches are made to ensure nothing illegal has been carried or no individual is armed to ensure the safety of everybody. Non routine searches occur when the search goes beyond the limited intrusion for example in case a drug smuggling case where individuals smuggle the drugs through their digestive system and scans have to be done.
Collection of evidence and the arrests of the suspected individuals can be described as seizure. Most of the times seizures are made when ever evidence which can be produces as an exhibit towards solving a particular case are discovered. In short it can be explained as meaningful interference with an individuals possesory interests in that property.
An arrest refers to the action of a police officer taking an individual against his or her own will for questioning or prosecution; it is usually not a voluntary occasion as most of the times it will interfere with the individuals freedom. As long as an individual does not commit a crime in the presence of a policeman or there is no probable reason to arrest an individual then an arrest warrant has to be issued by the magistrate or a judge. When an arrest is made the police officer has to inform the suspected criminal of his or her rights when in the police custody (which are usually known asMirandain the United States) before the interrogations can begin