Sample Essay on:
Search and Seizure: Warrantless Searches

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Essay / Research Paper Abstract

A 4 page presentation of the circusmstance that can result in a warrantless search. The author presents a fictional scenario in which the officer's safety is predicated on such a search. Bibliography lists 6 sources.

Page Count:

4 pages (~225 words per page)

File: AM2_PPsearc6.rtf

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Unformatted sample text from the term paper:

Law enforcement commonly encounters many situations where field decisions must be made as to the Constitutional implications of approaching a subject, questioning them, and searching their persons and/or belongings. It is a common perception that search warrants are always necessitated in such cases. Nothing could be further from the truth! Case law has demonstrated that the right granted by the Fourth Amendment of the Constitution that we may be secure in our "persons, houses, papers, and effects" and be protected against "unreasonable searches and seizures" does not always have to be predicated on the legal acquisition of a search warrant. Search warrants require time and effort to secure. This time and effort is not always available in instances where an officer of the law must intercede to protect the health and welfare of the public or when that officer is in fear of his own safety. The intent of this paper is to review a fictional scenario in which reasonable suspicion led to the discovery of contraband and the arrest of a subject who later challenged that discovery in court as being inadmissible. The court rulings which are in place regarding the legalities of search and seizure are diverse to say the least. The Courts interpretation of Search and Seizure can have numerous societal implications. Among the most important of those are the impact of such rulings on our Constitutional rights. Never-the-less, in certain circumstances police are allowed to search our bodies and our belongings without a search warrant. One of these circumstances unveils itself in incidents where police have found probable cause to question an individual or individuals ...

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