Search And Seizure Hypothetical
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Abstract
The Fourth Amendment to the United States Constitution guarantees protection from unreasonable searches and seizures. It is the duty of law enforcement officers to conduct legal searches and seizures. An illegal search or seizure violates a persons rights and may lead to adverse consequences for the officer who engaged in the illegality. This paper covers a simulated case of Minnesota vs. Ronald Riff. The prosecution witness sheets are used to gathering information for Officer Shield to obtain a warrant to search the home of Ronald Riff, a suspect in the burglary of Marquettes Market.
Search and Seizure Hypothetical
Our constitution is not just a document with significance; but a living body of law, which is subject to judicial interpretation. For law officers to perform better these officers, need to understand working the constitution as they apply to private individuals and the officers ability to effective carry out the law enforcement work.
Method
What Officer Shields found
What Officer Terry Schield found at the Riff residence and the scene of the alleged burglary (UOP, 1998):
A Canadian five-dollar bill
A purchased guitar from Sharps Music Store and receipt
Obtained witness information
Rusty Fender the owner of Rustys Auto Body Shop
Betty Bidder the nurse at Midtown Memorial Hospital and Ronald Riffs neighbor
Soapy Waters the janitor at Mickeys Diner and neighbor of the defendant
C. Sharp the owner of Sharps Music Store
Guid0 Concertino the owner/operator of Midtown Dance Magic
The reliability of witnesses
Rusty was a business owner for 27 years in the community, identified as the owner of the hammer found.
Betty identified the tan bag the defendant had.
Soapy said he picked up two dollars the defendant dropped from the bag.
Guido identified the new guitar purchased by the defendant the night after the burglary.
Information on warrant
Search warrant to recover the clothes described by the witnesses-blue jacket with letters DWR on front left hand side and “DEEPWATER REUNION” on back. In addition, the search should include a cloth tan bag with the label “Midtown State Bank” on it, as well as a five-dollar bill in Canadian money.
Two situations
Two situations in which Officer Shield could conduct a legal search without a search warrant. In a search and seizure without a warrant, the courts have recognized there are some situations that a search can be conducted without a search warrant.
These included (UOP, 1998):
Consent – is when a person agrees to be searched without warrant or probable cause
Incident to lawful arrest Ð- is when police search a lawfully