Illegal Searches of Prisoners and Those on Parole and Probation
Illegal Searches of Prisoners and those on Parole and Probation
Outline
I. Introduction
II. On Imprisonment, Parole and Probation
III. Purpose and Legality of Searches
IV. Illegal Searches in the Case of Prisoners, Parolees and Probationers
V. Conclusion
VI. References
I. Introduction The criminal justice system works in such a way that certain behavior or actions are legislated as a criminal offense wherein the state or the federal government can prosecute an offender even if only being suspected. In this case, there exists rules or limits into which protection are of highest concerns. It does not only apply to civilian suspects but also extends to actual prisoners, and to those who are on parole and under probation. But in reality, it has become a worldwide issue in terms of illegal searches. It has even been stipulated in the U.S. Constitution 's Bill of Rights stating that these restrictions start on the premises of the rights to refuse to testify against oneself, the right to confront one 's accuser and the right to a trial by jury for people charged with crimes. But these federal protections may not always seem to hold especially when police enforcers are dealing with prisoners, people on parole and on probation status. This happens because the jurisdictions regarding these matters depend on the ruling court. The court regulates and decides whether the legislative rule, court practice or police action is permissible under the federal and state constitutional law. From here, we can say during the course of searches, we should be aware and vigilant of possible violations by the apprehending police officers. In such cases, knowledge of the legality, technicality and the law should at least be required or at least explained to the person being searched. As mentioned a while ago, the case becomes quite sensitive for people who are imprisoned, on parole and under probation. The situation for them is very difficult in the sense that they are
Outline
I. Introduction
II. On Imprisonment, Parole and Probation
III. Purpose and Legality of Searches
IV. Illegal Searches in the Case of Prisoners, Parolees and Probationers
V. Conclusion
VI. References
I. Introduction The criminal justice system works in such a way that certain behavior or actions are legislated as a criminal offense wherein the state or the federal government can prosecute an offender even if only being suspected. In this case, there exists rules or limits into which protection are of highest concerns. It does not only apply to civilian suspects but also extends to actual prisoners, and to those who are on parole and under probation. But in reality, it has become a worldwide issue in terms of illegal searches. It has even been stipulated in the U.S. Constitution 's Bill of Rights stating that these restrictions start on the premises of the rights to refuse to testify against oneself, the right to confront one 's accuser and the right to a trial by jury for people charged with crimes. But these federal protections may not always seem to hold especially when police enforcers are dealing with prisoners, people on parole and on probation status. This happens because the jurisdictions regarding these matters depend on the ruling court. The court regulates and decides whether the legislative rule, court practice or police action is permissible under the federal and state constitutional law. From here, we can say during the course of searches, we should be aware and vigilant of possible violations by the apprehending police officers. In such cases, knowledge of the legality, technicality and the law should at least be required or at least explained to the person being searched. As mentioned a while ago, the case becomes quite sensitive for people who are imprisoned, on parole and under probation. The situation for them is very difficult in the sense that they are
References: Adelman, Stanley E. (2006). U.S. V Knights: Supreme Court Rules on Searches of Probation by Policies. American Probation and Parole Association. [Online]. Available:http://www.appa-net.org/PSN/pdfs/USv_Knights.pdf Avitan, Galit and Concepcion, Theresa.(2006, February). Supreme Court Oral Arrangements Preview: Samson v California. [Online]. Available: http://www.law.cornell.edu/supct/cert/04-9728.html Flex Your Rights Foundation. (2005). Illegal Police Searches. [Online]. Available: http://www.flexyourrights.org/illegal_police_searches Illegal Strip Search 's San Francisco Jails. [Online]. Available: http://www.sfgate.com/cgi- bin/articl....DTL&type=news Lectric Law Library 's Legal Lexicon. (2006). Fourth Amendment. [Online]. Available: http://www.lectlaw.com/def/f081.htm Leicht, Justus. (2006, November). CagePrisoners. [Online]. Available: http://www.cageprisoners.com/articles.php?id=17697 [Online]. Available: http://www.bartleylawfirm.com/criminal.htm [Online]. Available: http://caselaw.lp.findlaw.com/scripts/printer_friendly.pl?page =us/000/97- 581.html Roberts, Thomas H. (2006). Fourth Amendment Law. [Online]. Available: http://www.robertslaw.org/4thamend.htm What is an Illegal Search? [Online]. Available: http://www.legalmatch.com/law- library/article/illegal-searches.html