Questions On Search And Seizure

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Search and Seizure is an ongoing topic of debate and the rules involving search and seizure are constantly changing with the new advances in technology as the years move on. Everyone has the right to privacy under the Fourth Amendment of our Constitution, but how that right is implemented and what it covers is often brought up in the Court of Appeals. Many questions are brought up when it comes to search and seizure and whether the search and or seizure were conducted legally. We have to be clear that a search and seizure can deal with the specific person being searched or their property being searched. Some of the questions often brought up when dealing with search and seizure include: Has a search and or seizure occurred? Did the…show more content…
Judges are the ones who end up determining what is considered a violation of privacy and what is not. They come to their decisions by looking at what society as a whole would feel is an invasion of privacy, but also by looking at earlier cases that have similar facts and the outcomes of those cases. It is important to know that protection from unreasonable search and seizures only applies to government actions under the Fourth Amendment. It does not apply to citizens not acting on the government’s behalf (United States v. Jacobson, 466 U.S. 104 (1984)). The Exclusionary Rule was created by the U.S. Supreme court as a way to exclude the introduction of evidence at trial that was obtained illegally. It is important to keep in mind there are expectations to this rule and just because a search or arrest was deemed unreasonable does not necessarily mean the exclusionary rule would apply. Some examples that serve as an exception to the Exclusionary Rule are: Good Faith; which means the officer relied on a search warrant that was found to be defective. In other words if a well-trained officer did not know the search was illegal despite obtaining a search warrant then the exclusionary rule would not apply. Inevitable Discovery; what this means is the evidence found would have been found anyway, even without the illegal search or seizure and the last example I will use is Clerical Errors
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