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Wednesday, November 27, 2013

Search And Seasure

Questions 6 Essay Searches and Seizures should be conducted within the limits of the faithfulness, without exception. But on that point ar times when truthfulness enforcement policemans should be onlyowed to conduct a count and then seize any and all prognosticate of a crime that has been committed or is being planned. If the officer or officers feel that without conducting a front the refuge of their selves, their swearword officers, the odd, or the general population is at risk an immediate search of the amusing and any of the surrounding area should be allowed to be searched without the issuing of a warrant. Also law enforcement officers should be allowed to repose and complex or vehicle and complete a search if the same circumstances arise for the overall safety of all parties concerned. To take this statement one step further law enforcement officers should be allowed to search an area or someone without the sometimes time consuming delay of waiting on a wa rrant to be issued if it is determined that the destruction of outlaw evidence is or would happen if a delay happens. The autocratic motor hotel upheld this decision in the case of Arkansas v. sanders in 1979.
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more(prenominal) recently there was a case in 1987 where the ordinal part Circuit Court of Appeals upheld that a mistrust was presumption aesculapian treatment, which he denied, to protect his life and in doing so spy the use of and concealment of diacetylmorphine in the amusing’s body. The case U.S. v. Borchardt upheld that the drugs were found during “the necessity of the emergency.&rd quo; This and other cases if non adhered t! o could postulateon the door for civil charges to follow against law enforcement officers. If the officers had followed the wished of the inmate who had the bags of heroin in his body and the rum had died the family of the suspect could have sued the law enforcement department for neglect. On the other hand if a suspect is being questioned in an armed robbery case and the suspect is not searched there is a safety concern for the...If you essential to get a full essay, order it on our website: OrderCustomPaper.com

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