Search and Seizure

Search and Seizure

First, describe the 4th Amendment as it applies to entry into a person's home. What is needed for police to obtain a warrant, and under what circumstances can police enter a private residence without one?

It is completely possible that William's attorney will be effective depending on the point that a look for cause was acquired for William's space since Bill is an Adult kid and is secured under the Fourth Amendment, which claims that, “The right of the individuals to be protected in their individuals, houses, documents, and results, against irrational queries and convulsions shall not be breached, and no Warrants Shall problem but upon potential cause, reinforced by pledge or statement, and particularly explaining the position to be explored, and the individuals or factors to be taken.” (Schmalleger, 2002). Without having going into William's space they had no concept that they would have discovered a weakling fingerprint; and, because Bill had a reasonableness of comfort in his space as a mature, the cops regulators gathering the proof, should have properly secured a look for cause - especially, if William was not there to allow him into his space. Also, the material behind the “evidence” gathered at the Stevens' home - especially, if they are making it completely on the declaration that Mrs. Stevens created about William arriving to her home surprise and, at once, tried to get into her bed. Was this with or without Mrs. Stevens in the bed? Who can determine her statement? Otherwise, it is just a tale patiently waiting to be confirmed and substantiated. This would be, then, circumstantial proof because it needs a presentation to determine as to what the “evidence” actually indicates (Schmalleger, 2002), as well as regarded rumor because it is not centered on the individual information of a observe (Schmalleger, 2002). Although Mrs. Stevens is associated with the killing criminal activity landscape as she is Mr. Stevens' (the victim) spouse, but she maintains no statement that would confirm as a immediate observe to the landscape of the criminal activity (only possible logic that could cause one to more immediate facts of the criminal activity scene). No other actual proof is mentioned in our scenario; however, if there were actual proof acquired from Mrs. Stevens' home, it would certainly be acceptable because she did give approval to the look for of her home. It would be particularly exciting, for example, had the butchers blade been from the Stevens' home this certainly might display connection between the houses and can provide some plausibility to Mrs. Stevens' tale, and even more exciting if the blade (from Mrs. Stevens' home) was discovered to have William's finger prints on it!

Second, based on what you know of this scenario, provide an analysis of whether police had the legal right to access the Ellis household. What about Mary's bedroom? William's bedroom?

The most apparent justified reason for a look for in this situation was the point that Mr. Stevens was discovered in the Ellis' home deceased ...