Search Warrants vs Arrest Warr essays

Search Warrants vs Arrest Warr essays How do we decide what is intrusion on an individuals life? Is it when physical or emotional harm is done to that person? But also what needs to be under consideration, is what limitations and what guidelines the official must be aware of when considering what actions to take upon that person. There are precedents and agreements that have been made before today, and these are what we must make the basis of our decision upon. The reality of the situation is that even though, the defendant has the rights to privacy and silence, the F.B.I. had not only probable cause that there were forged stamps and actual proof of the distribution of forged stamps, but also the ability to search for any object that could have caused a danger to the agents. We know the details about this particular case and we also know what the defendant feels was an intrusion upon his rights. For the record, the court feels it necessary to state the defendants rights, but also explain the process of searches and arrests. Protected by the constitution, each individual has the right to privacy, which is explained in the fourth amendment. This right is stated but not defined by a few solid principles, they follow; the individual has the right to be secure in their persons, houses, papers and effects. This allows for illegal or unreasonable searches, and excludes any evidence, which could incriminate that person; the second principle is a principle which clings to all rights guaranteed by the constitution and a rule of thumb that this court bases many of its judgments by, and it is the fact that one persons rights begin within oneself, but end at the beginning of the next persons nose. Since when the arrest was being made by the agents, they have the right over their own safety over the defendants right to defend himself physically, especially when the agents never inflicted any physical harm or never put the defendant into ph...