Searches and Seizures overlap greatly. Although separate actions, search and/or Seizures under one set of circumstances would be considered legal, but under a different set of circumstances would be considered illegal, and the evidence obtained inadmissible in court with possible disciplinary action taken against the police officers. At one time the courts only took a property based approach to search and seizure. Since that time as technology has changed also has the courts position on the protection of people and not only places.
Please familiarize yourself with searches conducted with a warrant as well as warrant less searches and the legal justification for both. Searches with consent and the requirements for a legal frisk, and searches incident to arrest. Searches under exigent circumstances and hot pursuit issues should be studied. ( If you have any questions please call me or text me concerning the issue )
The probable cause and reason for the search and seizure are reviewed and used to apply the law and the admissibility of the evidence.
For your critical thinking question please direct yourself to Border Searches. With the immigration crisis and the huge numbers of people crossing the boarders between official entry positions, border searches are vital to U.S. National Security. The present Customs law states that at a border search probable cause need not be articulated as those entering the U.S. have not been formally admitted to the U.S.
Do you think this is a way for the government to violate the fourth amendment of unreasonable search and seizure or legal and appropriately necessary law to protect the U.S. and it’s citizens.
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