Officiallythick

Procedure Used In Civil and Common Law

Posted on 03 Jun 2011 by admin | Filled under: national-state-local

Search and seizure is a procedure that is used in civil and common law in legal systems practiced in many countries in the world. The police or any other authority which suspects that a person has committed a crime are warranted to search in person's property and confiscate anything that could be relevant to the committed crime. However search and seizers are protected in the constitution of many countries and therefore they are supposed to be conducted in view of individual right to privacy. Therefore in most cases, the law enforcement agency is required to obtain a search warrant for they can engage in search and seizure.

In our case study, it may be difficult for you to understand why the police have stopped your and why they have to search the care. However according to the Fourth Amendment on search and seizures, the police have all the right to search the care and seize anything they want since there is a probable cause which leads them to believe that this will uncover a criminal activity or is contraband. This law also provides the police with probability of stop and frisk authority or limited warranted search in view of probable cause. (NOLO, 2008)

When the police stop the car, they must however explain the reason why they have stopped the car and the reasons why they want to search the car. According to the law, the police are supposed to search and seizure with the consent to the suspects. However the exception on motor vehicles allows the police to search the vehicle with or without consent. According to the police ethics the search is not supposed to be commenced without the seeking the consent of the suspects. However there is a high probability that in this case the passenger may decline a search since he knows he is carrying drugs. Therefore the law justifies the police to carry a search without individual consent. The police are also allowed to use minimum force in such case in order of have individuals comply with the search requirements.

In respect to the seizures, the police have the right to seize items in plain view. This means that they could seize all luggages in plain view including the passenger's luggage since they have a probable cause for the search with or t without the consent of the passengers. Although the extent of search is limited by the exemption, in this case the police can search in all areas of the car since they have a probable cause. The law therefore allows them to search in all areas they probable think would harbor possible evidence for the crime. The police can seize all the property in the vehicle since it can be used as evidence for probable cause of crime. (NOLO, 2008)

After the police find the drugs, they have a probable cause that will lead to arrest. The arrest is likely to be made to the two people in the car since the police are not likely to differentiate who is a criminal between the two putting into consideration that they are not the owners of the car. According to law on search and seizure, the police have the power to arrest once they have evidence that can sustain a trial for a crime. The r presence of drug paraphernalia on the dash leads a probable cause for an arrest. The police will make a case of the use the use of the vehicle for transportation of drugs and therefore there is a justified arrest.