Search And Seizure Hypothetical

Abstract

The Fourth Amendment to the United States Constitution guarantees protection from unreasonable searches and seizures. It is the duty of law enforcement officers to conduct legal searches and seizures. An illegal search or seizure violates a person's rights and may lead to adverse consequences for the officer who engaged in the illegality. This paper covers a simulated case of Minnesota vs. Ronald Riff. The prosecution witness sheets are used to gathering information for Officer Shield to obtain a warrant to search the home of Ronald Riff, a suspect in the burglary of Marquette's Market.

Search and Seizure Hypothetical

Our constitution is not just a document with significance; but a living body of law, which is subject to judicial interpretation. For law officers to perform better these officers, need to understand working the constitution as they apply to private individuals and the officer's ability to effective carry out the law enforcement work.

Method

What Officer Shields found

What Officer Terry Schield found at the Riff residence and the scene of the alleged burglary (UOP, 1998):

Ð'* A Canadian five-dollar bill

Ð'* A purchased guitar from Sharp's Music Store and receipt

Obtained witness information

Ð'* Rusty Fender the owner of Rusty's Auto Body Shop

Ð'* Betty Bidder the nurse at Midtown Memorial Hospital and Ronald Riff's neighbor

Ð'* Soapy Waters the janitor at Mickey's Diner and neighbor of the defendant

Ð'* C. Sharp the owner of Sharp's Music Store

Ð'* Guid0 Concertino the owner/operator of Midtown Dance Magic

The reliability of witnesses

Ð'* Rusty was a business owner for 27 years in the community, identified as the owner of the hammer found.

Ð'* Betty identified the tan bag the defendant had.

Ð'* Soapy said he picked up two dollars the defendant dropped from the bag.

Ð'* Guido identified the new guitar purchased by the defendant the night after the burglary.

Information on warrant

Search warrant to recover the clothes described by the witnesses-blue jacket with letters DWR on front left hand side and "DEEPWATER REUNION" on back. In addition, the search should include a cloth tan bag with the label "Midtown State Bank" on it, as well as a five-dollar bill in Canadian money.

Two situations

Two situations in which Officer Shield could conduct a legal search without a search warrant. In a search and seizure without a warrant, the courts have recognized there are some situations that a search can be conducted without a search warrant.

These included (UOP, 1998):

Ð'* Consent - is when a person agrees to be searched without warrant or probable cause

Ð'* Incident to lawful arrest Ð'- is when police search a lawfully