CJ299 Associate Capstone in Criminal Justice
November 17, 2011 Search and Seizure: A look into the Criminal Justice System Kaplan University Online Campus November 17, 2011 Author: Barbara Jackson
The Fourth Amendment states “ the right of 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 be searched, and the persons or things to be seized(U.S. Constitution). An analytical approach of when these rights appear violated based on the distinction between consent required versus nonconsensual justification, defining the principles of mere suspicion, reasonable suspicion and probable cause, the searches associated with persons, residences, other locations not under suspects’ control and searches after an arrest is made. Through the scenario provided the impact of repercussions that can occur if not properly implemented will be discussed. Introduction Picture what it feels like to be arrested based on evidence from a search and seizure. This essay will examine the protocol for search and seizure, legal justifications for searches, citations and examples of court cases, exclusionary rule of evidence, difference of evidence between the two residences and fruit of the poisonous tree doctrine and how all of these relate to the scenario provided. Scenario
Mary Ellis, a widow, lives in a townhouse that she shares with her adult son, William, who does not pay rent. Mrs. Ellis awakens on a Saturday morning and goes to here...