Tuesday, August 27, 2019

Discuss at least four situations in which a law enforcement officer Essay

Discuss at least four situations in which a law enforcement officer may conduct a search without first obtaining a warrant. Explain when those exceptions apply - Essay Example Dwelling house of man has been expressed as his castle even before the advent of English jurisprudence. The natural desire for privacy led to formation of homes as a place for hospitality, shelter and protection even in ancient times. The Biblical times also had respect for home as a dwelling place to which officials were not being allowed to visit arbitrarily. Bible has it that Joshua desisted from sending his men to Achan’s tent for searching and seizing the prohibited article, even though it had been known that he had been in possession. Under Hebrew Law also the question of search does not arise since enquiry of cases depended on the testimony of witnesses. The point here to be noted is that the right not to be disturbed at home had been there even in ancient times. In olden times no body could enter a house without the occupant’s permission. In Bible, a creditor could not enter a debtor’s house but must wait outside to collect his security for the pledge. A bailiff from court also was barred from entering the house of a debtor. The respect for home in those times is evident from the fact that thieves found guilty of house breaking at nights were punished with death penalty. (Lasson 1937 p 14) In Roman literature, a home was considered not only as an asylum but also was protected by the household Gods who were believed to have dwelt and were worshipped there. If a thief was found inside a house’s fire place, it was assumed that he needed protection. (Lasson p 15) Fourth amendment guarantees the right of the people in their persons, houses, papers, and effects, against searches and seizures without reason and no warrants shall be issued without a probable cause supported by an oath or affirmation specifically mentioning the place to be searched, and the persons or things to be subjected to search. (U.S.News 2002) In Boyd v

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