Ohio: Illegal Search and Seizure The case of Mapp vs.

Until this decision, the rights against illegal search and seizure had no method to be enforced.

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What is interesting about the Wilkes case is what Wilkes won. He won a judgement against the official who had issued the general warrant, a judgement which involved compensation for the harm he had suffered as a result of the search and seizure that had been made, and punitive damages designed to deter such misconduct in the future. Amar believes that the true interpretation of the Fourth Amendment must rest on the consideration that the deterrence of police misconduct was, at the time of its writing, a function of the civil courts. He therefore argues that the exclusionary rule was not envisioned by Madison, and that we should throw it out and , replace it with a set of statutes that would establish a system in which civil recovery against the police would be the means to deter improper searches. He believes that such a provision would probably be upheld by a 5-4 vote of the Supreme Court as now constituted.

Since curing the disease is not possible, the treatment focuses on controlling seizures.

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In this case, the police were warranted an emergency entry, but they went overboard in searching the other rooms for evidence. The police had no right to call the detectives without a warrant of search for any evidence. The police only had the right to locate whether there was any likelihood of the three situations, and after asserting that no one was in danger or any likely escapee as well as destruction of evidence, they had no other business being there. At the time, the detectives and crime scene investigators searched the house, developed a print from Ellis’ index finger, and conducted a DNA test that proved the print belonged to Ellis while the bloodstain belonged to the victim; they had exceeded their warranted stay in the crime scene under an emergency entry. Therefore, Ellis’ lawyer can file for exclusion of the evidence collected in the crime scene without a warrant, which was illegal. The evidence collected from Ellis home and one collected from Stevens are quite different considering Mrs. Stevens gave her consent and gave some information to the police voluntarily.

Search and seizure

If I were conducting this investigation, there are several steps or procedures that I could have followed. The first one is responding to the call just as the police did, and search around the house for any potential escapee before they escape. The second step would be ensuring that there was no danger or threat to life for people in the house. Thirdly, I could have checked for any evidence needing protection within reasonable time that an emergency entry would allow. After this procedure, I would leave the scene and seek a search and seizure warrant in order to come back later and conduct a detailed search and investigation. This way, any evidence that I provide would illegal to eliminate possibilities of having to face the exclusionary rule. During the emergency entry, I would only go through the other rooms to check whether there was anybody else, and whether there was any evidence that would be removed in order to protect it.

This means that the government cannot conduct illegal searches of a person or place and use evidence that is found at that time.


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In conclusion I have tried to discuss some aspects of the role that search and seizure plays in criminal investigations. I have discussed its Fourth Amendment origins and its current application to the collection of evidence. I have discussed some of the dissatisfactions that it has given rise to and made note of several suggestions that have been made as to how things might be done differently.

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Febrile convulsions (FC) or seizures (FS) are clonic or tonic-clonic seizures that most often occur in infancy or childhood, mainly occurring between four months and six years of age, with fever but without evidence of intracranial infection, antecedent epilepsy, or other definable cause.

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In all crime scenes, there cannot lack one of the above-mentioned situations that allow the police to enter without a search warrant. However, the extent of their entry and activities around the crime scene should not go beyond the three situations. The most likely situation is destruction of evidence, and the police should protect the crime scene without interfering with it until there is a warrant for conducting a search and collection of evidence. When the police go beyond the scope of the emergency entry that warranted their search, evidence collected from that cannot be admissible in a trial. The stay of the police in the crime scene in an emergency entry is dictated by the exigent of the situation that warranted an emergency entry (Crawford, 2000). Once the emergency entry is no longer necessary, the police are not allowed to interfere or stay any longer.

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Another solution has been proposed by Yale law professor Akhil Amar. His argument is most interesting. He notes that search and seizure did not spring full-blown from the mind of Madison, rather, it came from English case law. In particular, Amar has argued that a late eighteenth century English cause celebre, the 1763 case of Wilkes v. Wood, probably influenced some of Madison’s choice of language when he wrote the amendment. That case had involved the use of general warrants to break into the house and peruse the papers of a member of parliament who had had the temerity to criticize and his government. Wilkes challenged the legality of the use of general warrants in his case and won. We should note that general warrants in the context of Wilkes were controversial, they involved the issue of prior restraint, a procedure against which there existed a common law rule and which could be, and was, directed against certain forms of political activity in England.