James Smith Research Paper Example | Topics and Well Written Essays - 1000 words

James Smith - Research Paper ExampleIt is in this context that although Mr. Smiths conviction was upheld or turn out as a burglary in the state as well as federal courts, arguments remains unconcluded as to whether it was justified for police to arrest Mr. Smith in the absence of a seemly warrant. Specific Examples in the Language of Prior Decisions The constitutional justification behind the application of a warrant is that it attempts to protect the recompense of any individual to be secured in their property. In the language of the constitution, The right of the people to be secure in their soulfulnesss, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and bad-temperedly describing the place to be searched, and the persons or things to be seized (Legal Information Institute, n.d.). Even in the prior(prenominal) decisions, the language of the court in judgment had been quite specific in addressing the significance of warrant under circumstances when officers deem it to be necessary for the obtention of any evidences. For instance, followed by the judgments of the cases such as Florida v. Bostick (501 U. S. 429) and Brower v. County of Inyo (489 U. S. 593), the language of the decision in the case Brendlin v. ... Hence, in the language of the prior decisions, There is no seizure without that persons actual submission as unambiguously mentioned in the cases of California v. Hodari D. (499 U. S. 621), Brigham City v. Stuart (No. 05-502), Georgia v. Randolph (No. 04-1067), Hudson v. Michigan (547 U.S. 586) and United States v. Grubbs (No. 04-1414) (GPO, 1992 Legal Information Institute, n.d.). Arguments used by framers of the Constitution while debating the language of the document When amending the Constitution, the framers have been arguing on the actual purpose of the provisions in respect of using a proper warrant when conducting a search or a seizure or both. For instance, arguments have been based on the restriction imposed by the law executors when felt the necessity to seize or search a person or his property as per their investigation. Certain exemptions have been allowed in the constitution where the suspects agreement to search his property or conduct a seizer is allowed as a lawful and righteous procedure in the absence of a proper warrant Georgia v. Randolph, 547 U.S. 103 (2006). Similarly, law enforcers can act lawfully in the absence of a proper warrant where there is a reasonable qualm based on rational justification rather than guesses (Legal Information Institute, n.d.). Thus, as the search and seizer of Mr. Smith and his property was based on his neighbors guess, such as act cannot be deemed as a reasonable suspicion. Nor did Mr. Smith give his agreement to the search and seizer owing to which the Constitution susceptibility depict sympathy towards the defendant (i.e. Mr. Smith). Philosophical underpinning that might influence the courts ruling The US Constitution in its Fourth Amendment also holds particular philosophical