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Essay / Research Paper Abstract
A 3 page discussion of search and seizure and the Fourth Amendment protections surrounding it. The author explores a fictional scenario of a potential witness that is taken into custody for parole violation. Eight days after he was arrested and his clothing inventoried and stored the police deciding to search it for evidence. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: AM2_PPsearc5.rtf
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Unformatted sample text from the term paper:
acquisition of information that can be used to convict an individual or a crime occurs in many instances through a search of the individuals body or property. The specifics
of how such a search can occur vary both according to circumstance and location. In all instances, however, search and seizure must be limited in accordance with the Fourth
Amendment of the Constitution. The Fourth Amendment is a carefully written insurance of our individual rights. The Fourth Amendment guarantees
our rights as citizens against illegal search and seizure. It states: "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 Warrants shall issue, 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" (McWhirter).
The extent of these Fourth Amendment right can be quite complex. It is most typically the police who conduct search
and seizure but it is the courts which decide exactly in which contexts search and seizure is legal. Consequently the legalities of the process can be challenged and refined
many times within a relatively short time period. Never-the-less, the limitations on search and seizure have been relatively constant. Despite the
relative constancy of search and seizure restrictions it seems there is always a new scenario to consider how those restrictions apply. Consider, for example, a potential witness in a
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