Search and Seizure

In the world of criminal justice, the terms "search" and "seizure" are heard on a daily basis and are the foundations of many landmark cases. The rules and guidelines that law enforcement officers must follow stem from these landmark cases that deal with degrees of reasonableness and not with color. In this discussion, the various forms of searches will be examined such as vehicle searches, searches of individuals, and even searches conducted at this nation's borders. Searches and subsequent seizures are issues brought up in courts in almost every criminal case. Sometimes law enforcement prevails and other times mistakes are made. This can result in either the submission of evidence or the release of the accused or both.

To better understand Search and Seizure one must first understand where it came from and how it works along side with an arrest and the reasonableness of an arrest according to the criminal justice system. The criminal justice system concerning a search means that anything in an establishment and or car is able to be searched upon probable cause or with a search warrant. A seizure defined by the criminal justice system is when an item or item(s) are taken from an individual and used against him or her in a court case (Findlaw, 2010). A seizure can happen when a search is occurring. A seizure can only occur when the officer has probable cause, reasonable suspicion, or a search warrant that describes the items that are going to be searched and seized. Reasonableness occurs when a reasonable person believes that the officer had probable cause or the right for a warrant to be used against a person or person(s) when the law was broken.

Where search and seizure is concerned, one might have some privacy issues. Privacy has been a big problem in the criminal justice system for a long time. Many people feel that law enforcement has invaded the right to privacy. Individuals have the right to privacy as long as he or she is not incarcerated. The right to privacy is what a reasonable person believes happens when actions he or she would like carried out happens behind closed doors from others viewing or prying eyes. For an example, if an individual wants to do something without others seeing him or her do it, that individual would do it behind closed doors to keep others from seeing. This is a reasonable person taking the action of having some privacy in his or her life.

Law enforcement knows that people are entitled to privacy and this keeps officers from going up to any random person and searching that individual or seizing that individual's belongings because that officer feels like it without probable cause or a warrant. Even an arrestee knows that he or she has the right to privacy. The officer cannot strip search a person out in the open and that officer knows that it is not reasonable action to do. But again, all the right to privacy is then gone when a person goes to jail and or prison. Officers must be aware what is reasonable and not reasonable when it comes to a person's privacy.

One action that is reasonable for an officer is investigating skeptical behavior. When police officers investigate this type of behavior, he or she is contingent on probable and reasonable cause. At times police officers engage in conversation with individuals who look suspicious to decide if a crime is in progress or was committed. Sometimes his or her decision is nothing is going on. When a police officer stops someone and looks further into the suspicious behavior, he or she may result in a "stop and frisk." A stop is a physically stopping someone or using authoritative voice to stop the individual. When police officers search an individual this is a frisk (Wrobleski & Hess).

In 1968, a milestone case was heard by the Supreme Court called Terry versus