Search and Seizure: What You Need to Know

Question 1 

It is legally possible to seize the marijuana plants the police officer is allowed to make a search as well as seizure without having a search warrant. This is because the marijuana plant will be open and candid evidence that an illegal practice has happed since it can be seen openly. When the law enforcement officer walks to the backside of the home, he viewed marijuana plants that form the legal justification (Taylor, 2019). Thus, this will be based on the concept of “plain view doctrine that normally speaks of something that can be seen openly by the law enforcement officer.” The officer evidently saw the marijuana plants, which was a clear proof for him to make an application for a search warrant on the grounds of a possible cause, “facts or obvious facts that can be relied on (Mormann & Andrzejak, 2016) .” Moreover, the police officer was initially on a different assignment of solving the issue of a noise violation. Thus, he was justified to have been in that residence legally and following a lawful right. These neighbors were not being understanding of those living around them, going contrary to the statement of Jesus in Matthew 22:37 -44 that emphasize the need to love our neighbor as ourselves (KJV, 2017). At this moment, the residents 4th Amendment rights have not been breached. Thus, legal prohibition was not applicable. 

Question 2 

A search warrant is mandatory for the police officer to get access to the home since the owner of the home had resisted and demanded that the officer leaves his property. Even with the ability of having a clear view of the marijuana plants, it does not inevitably give the officer permission to gain access to the home in question. Being able to see the marijuana plants will only justify the request for a search warrant that will grant permission for the officer to enter the home to do a further search and capture evidence (Sharpe, 2018) . Thus, in this case, a search warrant is a necessity. The law enforcement officer had the ability to have a view of the marijuana plants, which authenticates probable cause, but “pressing situations would not grant permission for any action except the officer felt or verified that those owning the home had the intention to get rid of the marijuana plants. At that point, the law enforcement officer may not wait until he obtains a formal search warrant” before legal access of the home would be considered legitimate. Since the marijuana plant was illegally planted and it could be evident to the officer, no exception would be needed. Romans 13:1, 2 directs that everyone should respect their governing authorizes, for it is God that has set up every leader in the position that they are in (KJV, 2017). On the other hand, anyone who disrespects and rebels the authority, he or she is doing the same to God who placed him there and is thereby answerable to Him. 

Question 3 

Yes, having a search warrant makes the officer vindicated to access the home. If additional evidence is noticed in the residence, even if afterward it is considered illegal, it should be permissible in court since it applies based on "plain view as well as protective sweep doctrine (Sharpe, 2018) ." Based on the text, the law enforcement officer may legally seize any proof that is in plain view in the process of the search or sweep of the home. Furthermore, a search warrant is a documented order “given by a magistrate or judge and directed to a police officer, directing a search of stated properties or homes for stolen or illegal goods or for suspects or escapees and the forwarding of such, if obtained, before a judge.” 

“ The U.S. Supreme Court has recurrently judged that the Fourth Amendment shows a liking for searches done following a warrant” (Hendrix, 2013, p. 148). The initial search warrant as well as being able to see the marijuana plants provides validation to search the rest of the home. Hebrews 13:17 encourages us that we must trust our leaders and respect their authority (KJV, 2017). This should be done to reciprocate for their responsibility of watching over us, as they understand that they are accountable. Therefore, being confident with our leaders will motivate them to do their work with joy. 

References 

King James Version (2017).  Holy Bible . Arcturus Publishing Limited. 

Mormann, F., & Andrzejak, R. G. (2016). Seizure prediction: making mileage on the long and winding road.  Brain ,  139 (6), 1625-1627. 

Sharpe, S. (2018).  Search and surveillance : The movement from evidence to information . Routledge. 

Taylor, R. (2019). Warrantless Cell Phone Search and Seizure.