LST 301 Q30
Search warrants are necessary to prevent searches that interfere with the privacy of individuals as far as such searches are not very necessary. Searches can be done in the residential areas of individuals, body or vehicles of individuals. The courts are responsible for the issue of search warrants. The warrants may also issue limitations of the search such that they specify what is to be searched and what is to be taken if found (Siegel, 2010). This research paper will evaluate circumstances under which search warrants may not be necessary. It will also discuss how matters relating to search warrants have changed over time due to court decisions.
In the first case, search warrants are not necessary in cases where an individual is in custody. The premises of such and individual may be searched without the need for a warrant. The body of such an individual may be searched without the need for a warrant.
Another case whereby the police may not require a search warrant is when they suspect that the vehicle they have stopped or a certain house has an evidence of crime or a certain article that they suspect has evidence. In this case they may search for such a house (Siegel, 2010). In addition, the passengers and containers and luggage in the suspected vehicle can be search without the need for a warrant.
When the police are carrying out a limited search such as frisking individual’s clothes, they do not need a search warrant. This is as far as they suspect that such an individual may be carrying weapons (Neubauer, 2011).
In a case whereby a person who controls a property accepts a search willingly, then a search warrant may be not necessary. In addition, search in a property not owned by an individual does not need a warrant. For example, searching a public chair where an individual was sitting.
Generally, search in private premises has changed over time has changed over time due to laws and court decisions. Until the 14th amendment, search warrants were not very necessary. However, this law emphasized on privacy of the citizens in the United States and warrants were to be obtained as a means of assuring that the search is reasonable. In the case of Week v United States, it was emphasized that the 14th amendment should never be broken. Meaning that searches should only be conducted when a warrant when it has been concluded that a search is reasonable. However, the recent decisions made by courts show that search warrants may not be very necessary in some cases. For example, in the case of Carroll v United States, it was decided that a vehicle consists of more public items hence the police may not require search warrants when conducting a search in a vehicle as far as there is a need for a search (Neubauer, 2011).
References.
Siegel, L. J. (2010). Introduction to criminal justice. Belmont, CA: Wadsworth, Cengage Learning.
Neubauer, D. W. (2011). America's courts and the criminal justice system. Belmont, CA: Wadsworth Cengage Learning.
