Criminal Procedure Unit 2 Homework Article Example | Topics and Well Written Essays - 250 words

Criminal Procedure Unit 2 Homework - Article Example The court, however, adjusted prior interpretations of the clauses, unreasonable search and seizure, to include immaterial intrusion via technology as a search. The court conducted two prolong tests, which required the defendant to indicate whether he had subjective imagination. In this regard, such imagination concerned the surrounding where the search was conducted and whether the society accepts such expectation as reasonable. The court ruled that Mr. Katz had a reasonable expectation of privacy within the telephone booth and that police officers had no exigent circumstance. Therefore, it was essential for them to seek for a warranty before undertaking such an action. The term seizure is used to describe any form of interference to a person’s possessory interest in material goods. Unreasonable seizure implies a circumstance where the chattel owner had a reasonable anticipation of privacy in the items seized. A person or property is said to be seized, when law enforcing officers apply force to restrain the person or property. This situation occurs if the chattel or person does not exercise one’s freedom to leave the situation (Amar, 1994). The case of Terry v. Ohio involved Terry and two other men watched by police officers in plain clothes. The officers believed that the men were ‘casing a job, a stick-up’, and for that reason, they proceeded to frisk the three men (Lichtenberg, 2001). The officers recovered illegal weapons held by the two men. The court questioned whether the search and seizure of the men amounted to a breach of the Fourth Amendment. The court decided that the search performed by the police officers was reasonable under the Fourth Amendment. The court determined that the police officers operated on more than a ‘hunch’ and that a reasonable man would have been tempted to believe that