Standards for Police Search and Seizure
A police officer is a person entitled to enforce the laws, make the arrests and investigate crimes as being mandated to do as police officer. In most cases, their prime role also entails working in partnership with the communities, social workers, schools, business individuals whom the always serve by maintaining order, protecting the members of the public and their property and more so, reduces the members anxiety of crime. The officers are take through training ranging to using technology to combat the common organize crimes, in addition, they also provide advice to those who have been affected by crime
Although the members of public have freedom of privacy from government intrusion, however, there are the existing limits when police search is warranted, in this case, they may enter premise if they believe beyond doubt especially if there is signs of breach of peace or an offence is likely to be committed and if necessary (Jordan,1998), they may enter immediately since they are empowered to prevent any physical injury they will do search if they are in hot pursuit of suspect who may run into an apartment,
However, there are searches that is not warranted by any justice system where the police does their search without the consent of a person, for instance, a police might resolve use frisk search as a way of checking dangerous equipment or drugs. Normally, frisk searches are ordinary searches but must be done with decorum, a police officer who is authorized must conduct in a way that provides reasonable privacy for the person searched. During this exercise, an officer who enters a n apartment and perform strip search to members of the family without consent of the person is infringing the rights of the victim. Doing this to parents and children without private room poses psychological problems to the members of the e family.
According to Barnacle (1992), Drugs raise more interest especially to woman as they forced to undergo search among those imprisoned. They are being harassed to an extent that they are told to remove clothes one at a time until they remain naked, on the other hand men are told to spread their legs , bend and all sort of abuses. This practice leave those victims in a situation of pervasive harassment. Most often, the members of the public will have doubt on the police force because of lack of trust hence resulting to poor coordination in combating crime.
Woman are the most affected this necessitate the need for institutional change for the police unit. Most of the police officers abuse power resulting to sexual assault. This raises the needs for the victims to resist and complain about the unwarranted search and seizure. The American law has played significant role in regulating the police from the misconduct by restraining them until the chief source of legal officer gives a warrant of arrest to the victim who declines to appear in court
The action of seizure of the property might hinder the criminal justice in a number of ways when the police have searched or seized someone ,it requires some justification or enough information so that it can show the evidence was probably found in place of search. One issue that arise in supreme court concerning the evidence might be interfered because of biases to defeat justice to another party, since police were relied on information ,this ends up affecting the resolution in seeking justice.
Informants are sometimes citizens who call into police stations for useful information but others sometimes have different agenda, though this could be useful tips to police ,some pose to have hidden agenda especially if there is hatred between the neighbors who maybe don’t wish good to each other, such controversial scenario ends up lacking the precise direction. The informants may have been bribed to stage-manage the search of causing embarrassment, in most cases, the identity of this people is anonymous hence poses challenge in legal systems ,this makes supreme court to come up with procedures and restrictions governing the process of search and seizure by the police (Bland and Quinton,2000).
In general, the public are more satisfied with police when they feel they have treated them politely and fairly and the response they give reasonable facts. they will both side focus on making better use of searches while reducing the impacts to the community, it should be used in the right way and targeted on strong grounds for suspicion and maximizing the use of intelligence about the local crime problemsOrder Unique Answer Now