Introduction
Criminal law and even general law enforcement have several rules and regulations that are implemented in order to procure a more stable and relatively just and safe environment for the people of a country. The Constitution allows several statutes which determine how criminals and deviants are supposed to be treated. This is important so that their treatment and procedure of treatment serve as a deterrent for the rest of the people, and they are able to understand how truthfully justice has been served. There are several domains of this procedure as described in criminal law and comes under search and seizure, arrest and interrogation.
Search and seizure
Search and seizure are the common procedure adopted by the criminal law and civil law and legal systems where the police and law enforcement agencies perform a search of a suspect’s belongings and property to get hold of or confiscate any evidence that can be related to a crime that the person committed. Several countries have certain provisions provided by their Constitution that allow reservations in the search and seizure by police so that the rights of the searched party are preserved. These reservations are made in order to prevent any kind of unreasonable searching that might violate a person’s privacy. There is a general premise reserved by the law that every person has a certain restraint of privacy which cannot be breached by any law enforcement agency or personnel. Usually, before search and seizure are organized against a certain party, the police have to gain a search warrant which guarantees safe and lawful search against a person or people. Without the possession of a warrant, the police have no right to invade a person’s home or workplace and check for evidence and clues.
Search and seizure and the 4th Amendment
In the United States, the Search and Seizure law comes under the 4th Amendment to the Constitution. The 4th Amendment to the U.S Constitution enforces certain limits when it comes to the authority of the police in the case of making arrests, searching people, their properties and then finding and seizing evidence and illegal utilities such as drugs, arms, and other possessions. Placing these limitations is the basis of the search and seizure law in the constitution (N.a 494).
When the search and seizure law was provided in the 4th Amendment of the Constitution, it revolved around the concept of providing privacy to the people (N.a 496). Since people are guaranteed a limit of freedom, they are not authorized to be searched without a proof and a warrant. All kind of unreasonable searching and seizing of possessions is prohibited by the 4th Amendment by any state or federal law enforcement agency in the country (N.a 498).
Requirements of the 4th Amendment in Search and seizure
On the other hand, the police are authorized to conduct search and seize wanted evidence if they have to, as per the requirements and provisions of the 4th Amendment, provided these are based on a reasonable cause (N.a 499). A practical overview of this is that the police are allowed to look at the privacy and freedom of a person and exercise their power by searching the home, cottage, car, yacht, boat, office, workplace as well as their private documents, bank accounts, legal records, private messages and phone record history, their trash and literally anything they want to scrape out in order to find what they are searching for (N.a 499).
The power that enables the police to override and redefine anyone’s privacy is provided by certain causes. The first is that the police are sure or somewhat certain that a particular person is involved in a particular case, and they will be able to find evidence against that person (Woody 4). If they are able to convince the judge about their concerns, then the judge will issue a warrant, and the police are able to carry out a search and seizure (Scheb and Scheb 482). On the other hand, the police are liable to search even without a warrant if the circumstances allow them. For instance, they catch a thief or burglar run into his own house; then they can follow and search the man and his house there and then because the circumstances allow it. There are also conditions in which the person in question might allow their search to the authorities (Woody 7).
Police deterrence by 4th Amendment
However it is not always the people that are liable to penalization and punishment by the authorities, but it is also the police and law enforcement agencies that are punishable by law if they break the rules in search and seizure (Scheb and Scheb 486). This applies the exclusionary rule upon the police. If the court finds out that a search has occurred that violates the laws of the 4th Amendment and that any kind of evidence was seized from a person or their property through an unreasonable search, then that evidence is rendered useless and futile against the defendant during a criminal prosecution. The exclusionary rule deters the police officers and general law enforcement agencies from misusing their rights and disobeying the laws of the 4th Amendment (N.a 500). Any evidence they bring forward by unreliable means of search and seizure in a court of law are objected and dismissed by law, and they cannot use them for prosecution.
There are certain objections to the exclusionary rule that many criminals are let off easily because of the rule only because a policeman made a mistake but the evidence was real. However those in support of this rule, claim that if the police are allowed to search for illegal possessions illegally, then they are prone to carrying out investigations illegally, and thus illegal search and seizure will become rampant.
Arrest
The next is the arrest and interrogation carried out by the law enforcement agencies. The arrest is carried out with a warrant as well but not when a person is arrested out of their property or home. The only circumstance where the police find it correct to make an arrest is when they have sufficient reason for acknowledging that a person has committed a crime (Greene 1013). If a person is being caught by the police outside such as in a case of theft or robbery, then they are arrested there and then however if an arrest needs to be carried out from a person’s home, then the police are required to have a warrant (Greene 1013). This is especially true if the offense is non-serious in nature and does not require any serious criminal charges in the future. Moreover, this is done when the police are sure of the claim that the person involved will not be dissolving or hiding the evidence in the privacy of their home or in public (Greene 1014). The arrest warrant that has been issues needs to procure the complete information of the crime committed, the name of the person against whom the warrant has been issued, and the warrant needs to be in compliance with the rules and terms and conditions of the court (Greene 1015).
Method of arrest- The Reid Technique
The method of arresting is by actually seizing the body or touching a person’s body with a motive of detaining them for committing a crime (Hall 479). Capturing them will not be required except for the case of a serious or harmful criminal. If the person involved in the arrest admits the crime and gives in to the police, then they simply go along with the arresting officer, but the words of arrest are still pronounced to ascertain that a criminal has been arrested.
The person who has been arrested is informed of the charges they might have to face if their crime is proven and this is only done so that the person realizes their crime and gives in an explanation as early as they can. This, however, does not apply to a case where the person has been caught red handed and would know they have no means to save themselves with a fake explanation or hiding of events (Greene 1017).
Interrogation
Interrogation is the part where the police are bound to get confessions out of criminals or alleged criminals and suspects to tell the truth and confess to a crime they are accused or guilty of. Some people have hired a lawyer who tells them how to talk to the police or directly takes the case to trial in court. There are however certain techniques that are applied by the police when they interrogate people. These include methods such as the Reid technique (Greene 1013). It was an interrogation technique invented by the police when they had to interrogate people, first implied in the 1940s (Greene 1016). Typically it is seen as the ‘good cop-bad cop’ technique where one officer is nicer while the other has the ability to bring down the person to tears. The room is dingy and small, and there are coffees and cigarettes that usually make the confession end in the person breaking down and confessing their crime while the attorney has to come in and close the interview (Hall 180).
Police strategies for interrogation
The police employ three important strategies in this method. The first is isolation. Isolation means that the individual is separated from their family and friends, and they are supposed to feel alone and helpless so they can confess more easily (Hall 182). Isolation does help in pulling out confessions; therefore, police are more inclined to interrogate people in windowless, cramped rooms to make them more miserable (Hall 182).
The next is the method of maximization where the police begin by telling the person that they are guilty, and they hammer them, ask repeatedly why they committed a crime (Hall 183). The interrogation can involve a story, telling how the crime was carried out and at times the crime is completely fabricated. The bad cop comes into play here as he knows the suspect is lying and he needs to get the truth out of him (Hall 183).
After maximization, the police move to minimization, if the suspect does not admit to the crime. The good cop is dominant here as he tells the suspect he knows that he is lying and if he tells the truth, people will understand him, and he also explains the extent of his punishment and charges that will be applied to him. These techniques usually lead to a confession, and if the suspect does not admit, then the case goes on to trial (Hall 184).
Conclusion
The procedures of search and seizure, arrest and interrogation are mainly carried out by the police and law enforcement agencies involved. However the police need to follow a strict set of rules in order to implement their power, and those rules are provided by the 4th Amendment of the Constitution. It defines privacy and breach of privacy and explains the repercussions of the police if they imply unreasonable methods of search and seizure. The arrest is also carried out with or without a warrant, depending on the circumstances. Arrest from home needs a warrant if it is for a non-serious crime. Interrogation is meant to procure a confession from a suspect. Police use the good cop-bad cop improvisation and use methods of isolation, maximization and minimization in order to yield a confession through the interrogation.
Work Cited
Greene, R. Jack. The encyclopedia of police science. Routledge. 1013-1018. 2007. Print.
Hall, E. Daniel. Criminal Law and Procedure. Cengage Learning. 479-490. 2008. Print.
N.a. Fourth Amendment--Search and Seizure. Journal of Criminal Law and Criminology. 493-
504. 1977. Web. 7 Apr 2016.
Scheb, M. John and Scheb, M. John II. Criminal Law and Procedure. Wadsworht, Cengage.
481-492. 2011. Print.
Woody, Henley, Robert. Search and Seizure: The Fourth Amendment for Law Enforcement
Officers. Charles C. Thomas Publisher. 3-8. 2006. Print.
