ABSTRACT

This chapter deals with general principles pertaining to searches and seizures. The Supreme Court has gone to significant lengths to define what kind of searches and seizures are reasonable. An understanding of reasonableness as promulgated by the court can only be achieved by examining some of the salient cases that provide the definition of reasonableness. The logical extension of the exclusionary rule as a deterrent to police misconduct in conducting searches, seizures, or interrogations is to exclude any evidence discovered as a result of an illegally conducted search, seizure, or interrogation. The easiest way to avoid the impact of the exclusionary rule is to obtain a search warrant and execute that warrant reasonably, which means consistent with the authorization contained within the warrant. The basic presumption under the law is, absent a search or arrest warrant, any search or seizure of persons or things is illegal. A search warrant represents the authority of the state mediated by an impartial magistrate.