Free Essay Example - Vehicle Searches

Vehicle searches are extended to searching without warrants if the police carrying out the investigation has probable cause or believe that the car may be containing something dangerous (Reamey, 2014). This form of search reflects on olden days as the American court extended the search extend. The court explained that the vehicle movement would determine the police movement outside their boundaries, especially when there was time given in obtaining a warrant (Reamey, 2014). Vehicle search is limited to warrantless seizing when the automobile has been parked, implying that, a vehicle can only be stopped if observed to move in a contemporary. The search should be reasonable enough, according to Carroll's reach court ruling. It is not permissible for the police to drive the vehicle to the station in ac warrantless search or even at the policeman's wish (Reamey, 2014).

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The court formulated a reduced privacy rationale to replace the mobility rationale. This rule holds that an individual has diminished privacy expectations over a vehicle because it serves as a transportation mean that rarely supports personal effects or one's residence. Instead, it spans throughout a wide range of individuals in which the occupants and its related content are presented in an understandable manner (Anderson, 2015). Even if the motor-vehicle homes serve as an individual's residence and place for personal. The public is prevented from having a sneak preview. The court decided to extend the vehicles exceptions; it holds that there are limited privacy expectations in a mobile home which has been parked in the parking area and with a license (Reamey, 2014).

With reduced expectancy rule, the police are free to carry out their searches on an automobile without a search warrant, though it holds, the police must have a reasonable cause leading to a particular search. The police may not exercise their powers by stopping vehicles all over the road. Instead, probable cause is made "have a valid and reasonable cause of suspicion|" about either traffic safety or any related criminal activity (Anderson, 2015). From the time of a vehicle stop by the police, it goes hand on hand that, the individuals (both driver and passengers) are under siege. The driver and the passengers have the mandate to question the reason for the stop constitutionally. The police have been given authority to carry out frisking to the passengers or the driver (whichever party doubted to be harmed (Anderson, 2015).

Limited weapon search

Limited weapon search refers to searching without any necessary probable arrest cause since it's without any reasons to avoid the policeman the right to carry out the neutralization process of any threat of physical harm when a person is doubted to be dangerous or armed. This form of search can be demonstrated by Terry in court; the court recognizes that police has right to appropriate situations approach an individual to carry out investigations on the possibility of criminal behavior even when there is no defined cause to carry out investigations.

According to the fourth amendment of the American Constitution, the policeman without any precise amount of information needed for a reasonable cause of search to be ignorant and wait for the crime to occur is not allowed. According to Terry, it is a good practice for a qualified policeman to take immediate actions. Any suspicious individual should be stopped, for identification and to observe the status quo while the investigation is in progress, which may be the most probable facts the officer at that particular moment.

Inventory Search

In inventory search, the rule applies when a police officer seizes a vehicle and takes into possession of an arrestee property for self-keeping, or even for personal property which accompanied the arrestee to secure police or a jail facility (Anderson, 2015). The rule does not make necessarily viable to individuals, or the Evidence unit member who has not complied with the protocols which have been set aside and adhered by that particular agency has been recovered. By investigating the breadth of the inventory research, we come to realize;

Inventory search serves as an administrative function- such pursuits are not related to arrest cases. They are always administrative naturally and are useful to (Anderson, 2015); 1) account and protect the property of the person who has been arrested. 2) act as a protection of both department and the police officer who carried out the arrest from false claims, 3) separate the jail facilities and the police from dangerous items (Anderson, 2015). Inventory searches should be not confused with consent or warrant substitute. Inventory search should take place immodestly during the time of arrest by placing the person to be arrested in a jail or police facility or within the vehicle impoundment.

The officers will Inventory the personal items and the vehicle (Anderson, 2015). The content of all cars to be sized as well as the particular things to be invented for safe taking, which is meant to accompany the arrestee to the police or jail facility. Inventory search carries two exceptions under this topic; the officer carrying out inventory research is not allowed to touch anything in the vehicle if the whole items in the car are considered the evidence and await a search warrant. Also, if the person to be arrested is eligible for the bail placed, the officer is not allowed to inventory the property until the arrestee has the opportunity to post a bond (Anderson, 2015).

Vehicle inventory research excludes locked vehicles, closed containers, and trunks. When seizing a car to drag the organization's storage lot, the officer is not allowed to intrude the logs or closed cargo inside the vehicle in the effort of carrying out the inventory research Anderson, 2015). The only extend an officer may go regarding closed baggage is to list the closed containers on the vehicle report or within the custodial summary Anderson, 2015). Locked automobiles are treated as sealed units. Though in inventory search there is an exception; the officer may be free to inventory the closed containers if suspected to contain harmful items to the police or the facility, though this must be supported with facts by the officer.

Officers will place valuable items into evidence - for vehicles under inventory which may contain useful items as jewelry, cash, and other valuable items which can no longer be provided with security while inside the car, then the things need to be placed as evidence. The officer in charge is required to utilize a designated form for documentation of the inventory. For the inventory document searches, the officer is required to make use of the Custodian Property Summary though Tow Impound record may be used instead Anderson, 2015). Crime scene Investigations detectives are eligible for carrying out inventory searches for vehicles which have been held within vehicle processing room before the automotive are released to their owners. The detectives try to identify any harmful items or any contrabands (Anderson, 2015). If the owner is found in possession of illegal items, the pieces are seized and logged into evidence. The detective carrying out the inventory search should stop immediately in the case where the details are found to be crime evident. The detective will conclude his/her operation by complete a supplement report to indicate the unit named Anderson, 2015).

Protective sweep

Refers to a limited search which the police are allowed to carry out whenever someone gets arrested (Messing, 2010). This usually made to ensure safety to the police officers as the individuals within the scene. Protective sweep is meant for people who may be harmful to the community. Protective sweep appears to be an exception from the fourth constitutional amendment of the U.S constitution which states that, for an n officer to search a particular home, they should have a warrant (Messing, 2010). Incase evidence is obtained during a protective sweep; It is used against the defendant during the trial so long as It has been achieved in a plain view.

Limits of the protective sweep

The officers are concerned with identifying all possible hiding areas during full protective operation. The operation is also quick (Messing, 2010). The procedure lasts for a shorter while (Messing, 2010). Once the suspect has been arrested, the officers leave the premises.

Exclusionary rule

This refers to a legal practice according to the American constitution which safeguards the analyzed or collected evidence from going against the rights given to the defendant according to the structure not to be used in a law court (Oaks, 2017). It is made by the judiciary to safeguard the rules set in the constitution. The government is grounded on the fourth amendment act and offers security to the citizens from illegal seizures and search (Oaks, 2017). The practice is meant to protect the Sixth Amendment, which gives individual rights to counsel.

References

Oaks, D. H. (2017). Studying the exclusionary rule in search and seizure. U. Chi. l. Rev., 37, 665.

Messing, M. J. (2010). The protective sweep doctrine: Reaffirming a limited exception. Colum. JL & Soc. Probs., 44, 33.

Cuthbertson, M. A. (1992). Maryland v. Buie: The Supreme Court's Protective Sweep Doctrine Runs Rings Around the Arrestee. Alb. L. Rev., 56, 159.

Anderson, W. (2015). Inventory Searches. Mil. L. Rev., 110, 95.

Reamey, G. S., Bassett, M. H., & Molchan, J. A. (2014). Permissible Scope of Texas Automobile Inventory Searches in the Aftermath of Colorado v. Bertine: A Talisman Is Created. Tex. Tech L. Rev., 18, 1165.