Pros And Cons Of Search And Seizure

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A shocking fact is many of the citizens of the United States do not understand the constitution and do not completely understand their rights. When people off the streets were questioned by ABC news what is the highest law of the land 70 percent could not answer the question, the correct question would be the Constitution (Dwyer 2011). If people cannot grasp the constitution, I am not surprised that those same people do not understand or know their rights when it comes to search and seizures. Some people could really learn a thing or do about their rights if they just took the time to define some terms. Understanding if a search and or seizure is legal will help a person out a lot and could save a lot of time and money trying to fight for innocence. A search is defined as…show more content…
A seizure is defined as the taking of potential evidence in a criminal case by law enforcement officers. The constitutional limitations on seizure are the same as for search. Thus, evidence seized without a search warrant or without probable cause to believe a crime has been committed and without time to get a search warrant, cannot be admitted in court, nor can evidence traced through the illegal seizure (Harr, Hess, Orthmann, & Kingsbury 2014). Search and seizures go pretty much hand in hand when it comes to the terms and usage of each, if officers do not use caution a potential case could go out the window if certain steps aren’t taken. The first element of both terms would be probable cause, without probable cause the officer cannot do either of the terms and if the officer continues with a search or seizure it would not hold up in court. Another element for seizure that is needed is show of authority, presence of handcuffs or weapons, the use of forceful language, and physical contact are each strong indicators of authority. An individual who ignores the officer’s
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