Amendment search and seizure protections

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Reference no: EM132224631

A common issue in criminal law cases has to do with 4th Amendment search and seizure protections. This is a very complex area of law, but, very generally, the law requires that police have a warrant before searching someone's home (or person, etc.) unless one of a number of exceptions exist. Whether a warrant is required or not, there are other rules that govern how a search is conducted. If the police fail to properly conduct a search, then evidence they may find cannot be used against a defendant.

Using a scenario, if the police improperly search Joe's house and find large quantities of cocaine, then the cocaine will likely be inadmissible in court against him. Absent the cocaine, Joe, who is likely dealing drugs, will go free.

Do you agree that this should be the law? Would your answer depend on what crime is being investigated? Please explain your reasoning using concepts from the material we are studying this week.

Reference no: EM132224631

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