Introduction
As the world continues to develop and the income gaps between the poor and the rich widen, joblessness rate increases the rates of crimes committed increases and it is during this process that the law enforcers are given the power to control or reduce these rates. Their powers include but not limited to carrying out investigations, making arrests, and presenting suspects to the courts. If there is one place where citizens know of their rights, then it is in the United States.
The constitution clearly protects them against unreasonable raids from the police force in that in case a police officer wants to conduct a search he must be armed with a search warrant issued by the relevant authorities in this case an officer in the judicial system a judge or a magistrate. A search warrant is a legal manuscript allowing the security personnel to conduct a search and confiscate available evidence from an alleged place (Siegel, 2009). This protects the American citizens against surprise police intrusions by the 4th amendment of the country constitution that states that
The right of the 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 (Hill, n.d, pg 1)
Nonetheless, a search warrant is necessary in the incidences of (lawful) arrest and items seizures as long as the security has got the evidence of the open view criminal offense.
Search
Under the US (criminal) justice, a search is the pursuance by the security personnel for property (or communications) which if seized will of hints on how to solve given crime. There exist two types of searches: Routine searches and non routine searches. A routine search is not subjective to a particular individual but it is a compulsory activity. It’s a day to day activity for example when boarding a plane or when traveling to a long journey together. Searches are made to ensure nothing illegal has been carried or no individual is armed to ensure the safety of everybody. Non routine searches occur when the search goes beyond the limited intrusion for example in case a drug smuggling case where individuals smuggle the drugs through their digestive system and scans have to be done.
Seizure
Collection of evidence and the arrests of the suspected individuals can be described as seizure. Most of the times seizures are made when ever evidence which can be produces as an exhibit towards solving a particular case are discovered. In short it can be explained as meaningful interference with an individual’s possesory interests in that property.
Arrest
An arrest refers to the action of a police officer taking an individual against his or her own will for questioning or prosecution; it is usually not a voluntary occasion as most of the times it will interfere with the individual’s freedom. As long as an individual does not commit a crime in the presence of a policeman or there is no probable reason to arrest an individual then an arrest warrant has to be issued by the magistrate or a judge. When an arrest is made the police officer has to inform the suspected criminal of his or her rights when in the police custody (which are usually known as Miranda in the United States) before the interrogations can begin
Reasonableness
When the government interest advanced by a particular search or seizure seems more reasonable than the privacy of an individual or freedom of movement or if the particular situation may affect the peace of a nation then there is a reasonable reason for the arrest or seizure under the American law (Doyle, 2006).
Reasonable distrust and probable cause are known (common sense) reasoning whose considerations is practical to the day to day life. They are instead mind concepts that warrant a certain activity by a law enforceable be it a search, a seizure, or an arrest.
How Privacy is Affected by Searches and Seizures
The fourth amendment to the US constitution ensures right of all its countrymen to be secure in their persons, houses, and places of work among others. The law is also against unreasonable searches and seizures. Unreasonable searches and seizures affect human privacy when conducted without prior warning or when done involuntarily without the individual in question awareness. When searches and seizures are conducted the privacy is lost since whatever they come across, even though unrelated to the crime, will be available to them and may lead to discovery of other things not helpful in the line of justice.
The Concept of Stop and Frisk
This is a random process whereby if a policeman has got reasons to suspect an individual of any law breaking offence, e.g. the person is driving while drunk, transportation of drugs or the person is armed. The policeman has the power to stop and search you. The police officer can request for the identification documents as well as seeks for the answers to what seems to be suspicious about the suspect. An impromptu search may be conducted in the individual clothing or the vehicle in case he was anyone subjected to this concept does not have to respond to specific questions about a particular crime which may have been committed in the area (Stemple, 2010).
Automobile Search Rules
As you move away from your private home so does your privacy freedom reduce. In the US, courts have ruled that when it comes to automobile, people are entitled less privacy compared to their houses or places of work. The explanation given under this perception is that automobiles are usually mobile thus they are not practitionable to issue of a search warrant before searching for evidence can take place. As long as this is done in sobriety checkpoints whereby the law enforcers stops every vehicle or stops vehicles in a predetermined mathematical basis on a public road where there is no abuse of privacy laws.
Border and Regulatory Searches
Border and regulatory searches are searches that are made at the border pursuant to a sovereign country to protect itself by stopping and searching persons and properties entering a particular country. Since they are at the border they are not subject to search warrants and a simple policy goes that if you don’t want to be searched carry nothing when crossing the border. The main aim of conducting the searches is to be aware and control what enters and leaves the country
Conclusion
As the authorities try to solve and reduce crimes in the country, individuals will have to be subjected to the above situations if suspected or as a routine occurrence depending with the situation the individual finds themselves in. thus if you don’t want to be a subject of any of the above don’t be suspicious in anyway.
Reference List
Doyle, C. (2006). Probable Cause, Reasonable Suspicion, and Reasonableness Standards in the Context of the Fourth Amendment and the Foreign Intelligence Surveillance Act. Congressional Research Service. Web.
Hill, N. G. & Hill, T. K. (2010). Search and seizure. Web.
Siegel, J. L. (2009). Essentials Of Criminal Justice. New York: Cengage Learning
Stemple, H. (2010). New York governor signs law banning ‘stop and frisk’ database. Web.