Purchase Solution

Search of a Person and Premises

Not what you're looking for?

Ask Custom Question

What constitutes a search of a person? What constitutes a search of premises?

Description of each according to U.S. Law.

Purchase this Solution
Solution Summary

The solution describes what constitutes a search of a person and search of premises.

Solution Preview

Under the Fourth Amendment, searches by police require a search warrant based on probable cause. However, there are always exceptions.

Probable cause constitutes a search of a premises. The officer must prove probable cause exists to the judge based on personal observation or hearsay by the officer. If it is hearsay information, it has to be reliable, determined by the totality of the circumstances. Then a search warrant is given to search the premises. The search warrant must be specific as to the specified ...

Purchase this Solution
Free BrainMass Quizzes
Contract Requirments

How much do you know about the legal requirements for a contract? Find out with this quiz!

Evidence

Do you know your evidence objections? Find out with this quiz!

Title VII Laws

Learn the basics of the laws under Title VII.

Criminal Defenses Review

Test your knowledge of the basics of criminal law and defenses with this quiz.

Constitutional Law Rights

How much do you know about Constitutional Law Rights? Find out with this quiz!

View More Free Quizzes
Related BrainMass Solutions

  • Constitutional Search and Seizure

    In order to search the premises the person in control of the premises has to give consent absent a search warrant.

  • Warrants and Searching

    Here you go: A search warrant is a court order issued by a judge or magistrate that authorizes law enforcement to conduct a search of a person or location for evidence of a criminal offense and seize such items.

  • Georgia vs. Randolph

    Police lacked a warrant to search the premises, and despite being denied consent by the husband, entered the premises, which is why Randolph's attorney unsuccessfully argued during the initial trial that the search was unconstitutional as a result of

  • Consensual Searches

    May your children allow a search of your domicile since they also live there, and what about a spouse of another party who lives "in common" with the person whose residence is to be searched? Must a warrant be presented for a consensual search?

  • How Police Apply Consent to Search Laws

    Should that person be allowed to consent to a police search of your personal belongings?

  • Rights of Prisoners

    One of the stipulations of his or her parole may be to refrain from interaction or contact with any other person who is a known felon. Why? What if this person was a family member?

  • Search warrant

    Officer Schield is conducting a valid search - even if a search warrant contains an erroneous address, the warrant may nevertheless be valid "where there are other elements of description sufficiently particular to identify the premises to be searched

  • Employment Law and Liability

    I would also put a big board outside my premises and also outside the entrance door to warn people of the danger. The insurance appropriate in this situation is premises liability.

  • Dsiagreements are a result of faulty premises.

    It can therefore be logically stated that the basic factor in all disagreements and differences of opinion is that there is a confusing, faulty, or misstated premise from one person in the communication.

View More Related Solutions