Legal Aspects of Search and Seizure in Criminal Investigation Process

This assignment delves into the essential legal framework governing search and seizure during criminal investigations. It outlines that a probable cause is crucial before conducting any search or seizure and discusses the historical basis of these principles, referencing Semayne vs. Gresham (1604). The document elaborates on the requirements for lawful searches, including the necessity of warrants, and details problems encountered when these are not followed legally. Furthermore, it explores how defense attorneys may challenge unlawful searches at trial by using doctrines like the exclusionary rule or 'fruit of the poisonous tree.' The reference materials include works by Bridegam (2009), Johnson (2009), and others, providing a comprehensive understanding of the topic.

Running head: Provisions of search and seizure
Legal Aspects of Search
and
Seizure in Investigation process

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Provisions of search and seizure
Contents
Legal Aspects of Search and seizure in investigation..................................................................................2
Search and Seizure Requirements relate to the Investigative Process..........................................................2
Problems encountered during search and seizure........................................................................................2
Necessity of warrant....................................................................................................................................3
A defense attorney attack search and seizure issues at trial.........................................................................3
References:..................................................................................................................................................3

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Provisions of search and seizure
Legal Aspects of Search and seizure in investigation
An investigation of a case is an essential requirement for any criminal proceedings
where search and seizure supports in conclusion of an investigation.
The general rule of search and seizure is that an investigating officer must show a
probable cause before conducting any search and seizure.
A historical application of search and seizure traced by Semayne vs. Gresham 1604 where
maxim provided that “every man’s house is his palace” (Wallentine, 2007 and Johnson 2009).
Search and Seizure Requirements relate to the Investigative Process
The basic requirement of search and seizure governs by principle of reasonableness.
According to notion of this principle, several factors of search and seizure are
o Search on probable cause
o For collection of evidences for the purpose of investigation.
o In cases of warrantless matters (Bridegam, 2009).
o When any property, article or items are suspicious in nature.
Problems encountered during search and seizure
Various problems arises in a search and seizure such as
o An investigating officer cannot perform search and seizure merely on a ground that any
reasonable apprehension of suspicious exists.
o If any search or seizure is not followed according to law procedure then such search or
seizure termed under illegal search or seizure.
o In case of urgent search or seizure of property requires, no material evidence obtains even
after completion of search or seizure process.
o Seizures in respect of any property only conduct on a basis of strong existence of
doubtful ground that’s possibly does not take place in circumstances of every case.

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Provisions of search and seizure
Necessity of warrant
The general rule is that no search or seizure takes place without pursuance of warrant on
an existence of justifiable grounds. To constitute a valid or lawful search or seizure, a warrant is
a most significant factor to be considered. The warrant is necessary because of following
purposes
o Discover evidences or any material things in support of a case
o Forfeit any property which involve in commission of any criminal activities.
o To arrest any suspected person or
o To restrain any unlawful search or seizure.
A defense attorney attack search and seizure issues at trial
The merits of the case during trial lie in favor of defense attorney in several factors that
are stated below:
o Scrutiny of reasonable expectation of privacy – when defense established a ground that
no investing officer authorized to conduct search or seizure without any lawful ground.
o When defense attorney establish a principle of exclusionary rule- a rule establish an
evidence of constitutional violation over one’s liberty and privacy.
o Doctrine of fruit of the poisonous tree- this doctrine explains an illegal search and seizure
conducted by officer in course of investigation (Tarleton, 2017).
o When no warrant of search or seizure is supported by proper affidavit on oath or
affirmation before impartial judge having jurisdiction proved by material evidences.

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Provisions of search and seizure
References:
Bridegam, M. (2009). Search and seizure. Infobase Publishing.
Johnson T. (2009) Legal Rights, Infobase Publishing, (pp. 21).
Michael Tarleton, (2017). Fruit of the Poisonous Tree: Illegally Obtained Evidence. Retrieved
on 9th October 2017 from: .
Wallentine, K. (2007). Street Legal: A Guide to Pre-trial Criminal Procedure for Police,
Prosecutors, and Defenders. American Bar Association.