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Search & Seizure and types of security

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What are the criminal procedural laws that govern search and seizure? Please describe the differences between public and private security.

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Solution Summary

This solution discusses the criminal procedural laws that govern search and seizure. It also discusses the difference between public and private security.

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The criminal procedural laws that govern search and seizure state that law enforcement officials are required to get a search warrant prior to engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence may be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule. The Fourth Amendment to the United States Constitution states that a valid warrant is required for a valid search. There have been some exceptions to this rule. For example the owner of a property that law enforcement officials wish to search may give permission for it. The consent must be voluntary, but in a court of law it is often difficult to determine whether or not consent was voluntary. However the court will consider all circumstances when assessing whether or not consent was voluntary. Police officers are not required to inform a suspect that he may refuse.

When a person does not possess a "reasonable expectation of privacy" under the Fourth Amendment that society is willing to acknowledge in a particular piece of property, any interference by the government with regard to the property is not considered under the laws of ...

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