Search and Seizure Concepts
Search and seizure are inevitable elements of criminal justice processes which are focused on the detection and retrieval of proofs of crime commitment. Woody (2006) defines search and seizure as the procedure of the examination of the individual or his movable and immovable property for pieces of evidence. Moreover, a surrounding medium where the person lives, acts or is located at the moment of examination also undergoes the procedure. The search may result in seizure, an eventual possession by the representative of justice. Worrall (2015) argues that the application of the search and seizure procedures is regulated by the Fourth Amendment to the U.S. Constitution. So usually, a warrant is needed for the search.
There are several justice processes and procedures which are related to search and seizure concepts. For instance, stop-and-frisk is a similar process which implies the investigation of the suspect if there is probable cause for such examination (Worrall, 2015). To perform stop-and-frisk, the police officer does not require a warranty or any other legal permission “required for a search or seizure under the Fourth Amendment” (Worrall, 2015, p. 1). At the same time, the search-and-seizure examination of the automobile as a mobile vehicle used for transportation means does not need any warranty. It is underpinned by the assumption of the Supreme Court that the car serves “not a privacy function” which is protected by the Fourth Amendment (Worrall, 2015, p. 141). Therefore, if the police officer has probable cause to perform the search, or the warrant request is not practical due to the urgency of the situation, the automobile search undergoes the typical search and seizure procedure with no restrictions. Regulatory and border searches are particular in their general unaccountability to the provisions of the Fourth Amendment. It is underpinned by the intention of regulatory examinations to guarantee the public security and identify the eligibility of the person to use certain facilities, for example, driver license and airport security check (Israel & LaFave, 2014). Therefore, the safety and practicability are the primary values decision-making process as regards searches and seizures.
Israel, J. & LaFave, W. (2014). Сriminal Procedure: (8th ed.). St. Paul, MN: West Law School.
Woody, R. (2006). Search and Seizure: The Fourth Amendment for Law Enforcement Officers (1st ed.). Springfield, Illinois: Charles C Thomas Publisher.
Worrall, J. (2015). Criminal Procedure: from First Contact to Appeal (5th ed.). Pearson …