12/27/2019 0 Comments
Criminal Justice - Essay Example Amendment of the US Constitution guarantees â€œthe right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated.â€ Thus, the process of law requires that search justification would encompass three pre conditions: 1. The warrant for the search should categorically and distinctly mention the premises which need to be searched, as also the principle objective for which the search has been undertaken. 2. It should be based on probable cause backed with reliable information 3. The judicial approval has to be sought before search justifications can be made. However, in the decided case law, Frank V. Maryland 359 US 360 (1959), the Court upheld the conviction of a person who prevented a warranted inspection of private premises. It needs to be stated that administrative searches can only be said to be justifiable if, and when there are sufficient tenable grounds to believe that the objective for which the search has been initiated, could be gained. A total search of an entire city for example, to locate hidden or contraband articles is not justifiable on any count. During periods of emergencies, searches could be conducted with no justifications whatsoever, since it is for public good to protect the citizens from hazardous situations. Therefore, in cases of search and seizing of contaminated and unusable food items by law enforcement agencies, ensuring community vaccinations to guard against outbreak of epidemics etc could serve as instances of searches with justifications. The police form part of the law enforcement agencies whose primary duties lie in the areas of protection of lives and properties of citizens They are fully justified in being given more powers for instituting roadblocks and check points for the following reasons: 1. Finding out criminal or key witnesses in recent criminal activities or deeds. 2. For intercepting vehicles carrying drugs, firearms, or explosives. 3.
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