Search and Seizure

Essay by hareemafridiUniversity, Bachelor'sA, December 2010

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Running Head: SEARCH AND SEIZURE

Search and Seizure

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Search and Seizure

Introduction

In the given scenario it is observed that it is a simple murder case. Clyde Stevens was murdered brutally murdered and found in the house unresponsive in Mary Ellis's home. Mary Ellis is a widow who lives with his son William Ellis, who is accused in this case. As the investigation progresses the evidences will make this case more clear.

Discussion

Murder is the most horrible crime and it is not justified in any circumstances. Murderer not only takes away the life of the person who is murdered but it ruins many lives associated with that person. Punishment is essential for the person who committed this brutal crime. In Steven's murder case, William's house has been searched on the request of Mrs. Steven. After investigating the site (Mary Ellis's house) police collected the evidences like blood stains in William's room, finger prints analysis provided evidence that William is accused.

A case is filed against accuse and then evidences and investigation reports would help the jury to decide weather accuse is guilty or not.

In this case, William' lawyer first argue to exclude physical evidence excluded. Because according to him evidences are gathered in the absence of house owner without any warrant, which is illegal and violation of fourth amendment in constitution. "In other hand, the moving party in a private injury mishap case would be irredeemably injured by waiting for an in-trial opposition" (Davies & Croall, 2009, 178-182). Lawyer should as well stay careful of the range of the respite sought and must replicate that application in a draft order for the trial court's signature. It is significant that the order include language that is barely customized to the unsuitable indication. Judges are reserved to...