Chapter 2-Search and Seizure: When the Police Can Search for and Seize Evidence
The Fourth Amendment to the U.S. Constitution places limits on the power of the police to make arrests; search people and their property; and seize objects, documents and contraband (such as
illegal drugs or weapons). These limits are the bedrock of ''search and seizure law."
Search and seizure law is constantly in flux and so complex that entire books are
devoted to it. This chapter answers the most basic questions that people might have about search and seizure law, but if you have more
specific questions about arrest, see Chapter 3.
Other resources go into search and seizure in more detail. Readers
wanting additional information might want to consult Marijuana Law, by Richard Glen Boire (Ronin Publishing Inc., 1993); Search and Seizure, by Wayne LaFave (West Publishing Co., 4th ed., 5 Vols., 1996); or Criminal Justice, by James A. Inciardi (Harcourt, Brace, Jovanovich, Inc., 3d ed., 1990). (See Chapter 26 for more on legal research and using a law library.)
Section I: The Constitutional Background
This section provides an overview of the limitations on searches and seizures provided by the Fourth Amendment to the U.S. Constitution.
1. What Are the Search and Seizure Provisions of the Fourth Amendment All About?
They are about
privacy. Most people
instinctively understand the concept of
privacy. It is the freedom to decide which details of your life shall be revealed to the public and which shall be revealed only to those you care to share them with. To honor this freedom, the Fourth Amendment protects against "
unreasonable" searches and seizures by state or federal law
enforcement authorities. However, the Fourth Amendment does not protect against searches initiated by nongovernmental people, such as employers, landlords and private security
personnel, unless the search is made at the behest of a law
enforcement authority.
Amendment IV
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.
关键字:
法律英语导读生词表: