Search and Seizure

A search and seizure of a structure primarily refers to a hunt carried on by law

enforcement officials relating to property or communications observed to be having an evidence

of crime, and the act of taking possession of such assets.

"Searches," in Fourth Amendment law, pertains to police strategies which infringe a "reasonable

prospect of privacy." A rational expectation of privacy is the sort of belief any national may have

with respect to any other national.

Search and seizure is an essential practice in the continuing detection of lawbreaker. Searches

and seizures are a made use of in order to produce proofs for the trial of suspected criminals.

Here the police possess the authority to search and seize, but persons are sheltered against

Arbitrary, unfair police infringement. The idea of search and seizure encompasses a many

factors. Foremost, the constitution merely gives protection against searches and seizures that are

deemed to be "unreasonable". Next, the protection of fourth amendment is applicable to search

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and seizure carried out by a representative of government. Lastly, any search and seizure carried

out in the absence of a warrant is termed to be against the law and the investigator is liable to

justify his warrantless search and seizure. (Burnette n.d.)

Search and seizure can be carried out with a search warrant properly issued by a judge. The

search warrant must be upon a sworn affidavit having a likely reason of conducting search of

the area. However, a search can also be done without a warrant also, nevertheless it is supposed

to be against the law and could be upheld only if it is validated with one of the recognized

expectations of the warrant.

A search warrant should satisfactorily tell the place where the search is to be done so that the

executing officer can rationally establish its identity and location from the language of the

warrant only. There are many search exceptions recognized by courts which could be carried

out without a warrant .One of the most used exception is the emergency doctrine or the exigent

circumstance exception. Such an exception allows a search to be carried out with out a warrant

in places where the conditions are as such that it seems impossible or unfeasible to get a warrant

prior to conducting a search. (Burnette n.d.)

Consent searches

The most significant part of a consent search is to obtain consent. Unlike approximately all other

kind of search, a consent search does not need any standard of likely reason or exigent event or

any other similar prerequisite. The single necessity is that the permission be liberally issued by a

person having the power to issue consent.

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The main general issue which occurs following a consent search is a refusal that consent was

never granted. If any question arises regarding whether the consent was appropriately given or

granted at all, doubt will be against the investigating officer. Consent should be evidently granted

by the entity by confirmatory behavior or term. Compulsion and threats should not be made use

of in getting consent, even where the, officer may not comprehend he is generating