Search and Seizure Term Paper Example | Topics and Well Written Essays - 1250 words

Search and Seizure - Term Paper congressmanFailure to issue of a await rationalize or the absence of a search warrant invalidates the evidence searched and therefore necessitates its exclusion as evidence against William. A search warrant is an issue sign(a) by the judge or the magistrate that authorizes the police officers to conduct a search of a definite person, a definite object or material at a definite location and at a specified time. The search warrant will serve as the basis of what the police privy search and seize in a person or a property through the specific descriptions indicated in the search warrant. If the search warrant only specifies to search the bedroom, the police cannot search the living room or the backyard for further evidence. Nor can they search for drugs if the search warrant specifies weapons. Over the years, the court has allowed a number of situations in which a search warrant is not essential. An example of this situation is called the emergency e xception. For example, a police is in patrol, if the police hear an alarming shout from the resident while he is on duty, the police can enter the premises to search and arrest the suspect for spousal abuse or child abuse. notwithstanding looking in Williams case, a warrantless search can only be valid and admittible if his consent of the search was asked, but it wasnt, making this physical evidence excludable.This exclusion will not have-to doe with to all evidences because there is a difference between the evidence collected from the Ellis and Stevenss townhouses. It is declared in the scenario that Mrs. Stevens gives the police consent to search the house for any potential evidence that might chance upon her husbands killer. And it is stated above that a warrantless search can only be valid and admissible if the person in control of the premises consents to the search which Mrs. Stevens approved to. While in Williams case, there was no search warrant issued nor he gave his co nsent to the