Standards for search & Seizures

An example of a police search and seizure without a warrant can in a case where a police officer stops a vehicle on the highway and starts to frisk the driver and the passengers over a minor suspicion and eventually confiscates the vehicle without warrant (Joh, 2014). This is an unreasonable search and seizure since the occupants of the vehicle presented no cause for an inspection but just minor speculations by the officer. At such a case, the officer has committed an offence since there are rules governing the search and seizure execution.

In the case that a police officer has confiscated any material and in this case the vehicle, then the consequences of using the vehicle in a court of law as evidence is inconclusive since the police did not have a warrant of search and seizure. In this case, the officer has lost the case even if there were possible reasons to conduct a deep search in the vehicle (Lipman, 2017). The officer stopped the vehicle after suspecting the vehicle and the driver of being in an unlawful mission since it was speeding on the highway. This is application of the rule of exclusionary which means that anything that is obtained from the vehicle as either evidence to another case will not be used in a court of law therefore it is not admissible at any one particular time.

Unreasonable searches and seizures in many cases affect the criminal justice system in a way that the materials obtained as evidence cannot be used in any justice system unless there was a warrant to conduct the search and seizure (Reid, 2009). In case there was property destruction in an event where there was an unreasonable search and seizure act, then the criminal department will have to cater for the cost of maintenance of the property destroyed.

 

 

References

Joh, E. E. (2014). Policing by numbers: big data and the Fourth Amendment.

Reid, K. (2009). Race issues and stop and search: Looking behind the statistics. Journal of Criminal Law, 73(2), 165–183.

Lipman, R. E. (2017). Protecting Privacy with Fourth Amendment Use Restrictions.