Essay about Search and Seizure in the Public Schools

officers are allowed where justified to search your car, house, property in order to seize illegal items such as drugs, illegal weapons, stolen goods just to name a few. When the police do searches it can be for various reasons it depends on the situation. They can have a search warrant to go into a premises and confiscate illegal paraphernalia or when doing a routine traffic stop an officer might become suspicious of activity that is not normal and conduct a search of the vehicle to see why the driver…

for a Constitutional Search and Seizure Balancing the parameters of the Fourth Amendment1 can be a delicate matter. Search and seizure is an integral part of law enforcement; however, it must be handled to the letter of the law protecting the rights of all parties involved. According to the Emergency Doctrine2, probable cause3 in addition to exigent circumstances4 under Article 14.05 of the Code of Criminal Procedure may afford the police the authority to conduct a search without a warrant. The…

interpretations throughout the years. The forth amendment of the constitution is one of the most debated amendments. This is the amendment that covers the area of search and seizure as well as privacy. The fourth amendment 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…

Search and Seizure When it comes to Search and Seizure, allot of people think that law enforcement should not be allowed to search or seize property. I have heard many arguments against this subject, people stating that law enforcement officers go too far or have no right to search someone’s property such as their vehicle. Probable cause is more than a reasonable suspicion it requires that a combination of facts makes it more likely than not that items sought are where police believe them to…

Linda Barron-Gronvold CCJS 234-Criminal Procedure and Evidence September 17, 2013 Warrantless Search & Seizure Memorandum To: Judge M. Pearson From: Linda Barron-Gronvold Re: Elliott Watson case – Marijuana Possession with Intent to Distribute Prosecution Date: September 17, 2013 Brief Summary: Elliott Watson was arrested for the possession of marijuana with the intent to distribute said illegal drug. Elliott Watson was stopped by Officer Timothy Johnson because…

Search & Seizure A police officer is dispatched to a call in his jurisdiction for a noise complaint. The police officer arrives hearing very loud music coming from the residence which violates a noise ordinance. The police officer knocks on the front door with no answer so he proceeds to the back door to knock when he observes what appears to be marijuana plants based on his training and experience. The police officer can seize the marijuana plants based on the Plain View Doctrine.…

...................... 4, 5 CA. Penal Code § 148.9 .................................................................................. 4, 5 ii ISSUES PRESENTED FOR REVIEW Whether the trial judge erroneously admitted evidence concluding the seizure of the methamphetamine from the defendant’s wallet was legal. STATEMENT OF THE CASE DEFENDANT, was charged in Sacramento County by information dated February 2, 2011, with felony possession of methamphetamine in violation of Health & Safety Code…

Purpose The purpose of this paper is to discuss public school districts' limits on "hate" speech and reconcile those limits with the decision in Tinker v. Des Moines. Importance to Education To avoid disturbance and disruption and to create and maintain a safe learning environment, public schools often adopt policies that forbid certain acts on the part of students. Included in many of these policies are prohibitions on hate speech. The opinion of the court in Tinker v. Des Moines…

privacy along with search and seizure restrictions that apply in public schools, but, the Courts give school officials and police more flexibility to conduct searches in school. In this case and law review you will learn about two different cases where Courts balance a student’s privacy rights against the school’s interest in safety and student discipline. This means that students often have less protection against what they might perceive as unreasonable searches and seizures at school, than in other…

incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions were to be rewritten and that is not likely to happen. In this paper we will be examining the Fourth Amendment, learning the requirements for obtaining a search warrant, defining probable cause, describing when search and seizure does not require a warrant. We will also explain the rationale for…