Any offense that breaches the law prevailing in the communities is called criminal law. It is a serious offense. Whoever violates this law shall be charged with a criminal offense. Before making any search warrant, certain formalities must be completed by the authority responsible for the search warrant.
Brief Facts of the case
The fact of the case is that all the 3 defendants entered into plaintiff’s house and murdered Mr. & Mrs. Gibson for robbery. In this particular case, Jones, Derrick Moreland and Stan Martin committed Robbery and murder. During the commission of the crime, one person among them, that is, Jones cut his hand and his blood was left at the crime scene. After that, they hid the equipment used for the murder in one of the defendant’s houses. Although they fled from the place, the police could reach them with the help of the evidence (blood sample). The policemen searched Martin’s home with his consent and found guns, a mask and part of the money. With the help of a search dog, police arrested all three defendants and convicted them for murder and robbery. They later searched Morland’s house and found the remaining evidence.
Issues in this case
- Whether the search conducted by the police is unlawful?
- Whether it amounted to the violation of privacy and trespass?
Arguments
The respondents argued that the search by the police was unreasonable. The Fourth Amendment of the United States Constitution provides certain safeguards to protect the person at the time of searching. The fourth Amendment of the criminal procedure code says that a person can protect his documents or anything for irrational enquiry as well as seizure made by the officer and in this case it is not possible to make search warrant, but in some cases, if any declaration or probable cause is there at the time of the search, it is not an unreasonable search. In this case, officer authorized with the search can arrest or seize the things held with the person. The question of probable cause or declaration depends upon the facts and circumstances of each case. The police officer can examine the place which is under the straight control of the person to be seized. The American criminal procedure code gives protection to the convicted person before the proceeding starts. During the investigation of a crime by a police officer, the Fourth Amendment places restrictions in their investigation like 14th amendment of the criminal procedure code says that before making any search, prior information regarding the search should be given to the convicted person. According to the Fourth Amendment, the authority should have a warrant if they have to arrest a person who is suspected of a crime. The evidence should be taken as a proof by the courts. When the policemen possess a search warrant, they have the right to get into the chosen property in order to get the required evidence. The police may also search the other places which are not mentioned in the warrant in certain cases, i.e.
- determine more about probable proof or smuggled goods that may be in some other place
- Look for proof of smuggled goods that, due to the reason of their first search they have reason to believe that, evidences are present in some other place also.
Rule 41(a) of the act deals with approved body to issue search warrants. Role 41(b) deals with circumstances under which arrest can be made by the authorized body. According to Rule 41 of the Federal Rules of Criminal Procedure.
“A warrant may be issued for any of the following:
- Evidence of a crime;
- Contraband, fruits of crime, or other items illegally possessed;
- Property designed for use, intended for use, or used in committing a crime; or
- A person to be arrested or a person who is unlawfully restrained” (Federal rules of criminal procedure, n.d., para.19).
Judgement
In this case, the police officers have conducted the search based on sufficient evidence. The blood of Jones was left in the crime scene and there was also an eye witness. Moreover, the police had asked Morland the permission to search his house and he agreed to carry on the search. The police also found the stolen property and weapons in his house which were used for the crime. Morland’s sister informed the police more about the crime. Hence, in this case, there is probable cause and sufficient reason for the police to conduct the search. The police also possessed the warrant. Hence, respondents cannot argue that the search was unreasonable or unlawful. The police also should proceed sooner since the evidence may be removed or destroyed by the criminals. The proceedings against the criminals should be taken further and they be punished for the offence committed by them. Murder case is a serious one; so the defendants are liable for punishment; they are not exempted from the court of law.
Reference List
Federal rules of criminal procedure. (n.d.). Cornell University Law School. 2010. Web.