Module 6 Questions

Discuss in detail the role of the police in criminal procedure

            The police are the state officers with the responsibility of investigating the crime. However, non-investigative work also consumes much of the police time. Police officers ask for statements as a record of what happened after which they commence an investigation. They give a case reference number for them to follow up on the matter and gather more information and evidence. After investigations, the police may give summons, arrest, or give caution to the alleged offender (Bogan & Roberts, 2011).

Discuss in detail why the impacts of procedural law on law enforcement are controversial

            Procedural law comprises of the means of enforcing rights and providing redress of the wrongs as guided by the rules of jurisdiction, pleading, practice, evidence, appeal, execution of judgments, and other matters. The procedural law affects law enforcement and appears controversial since it seems to protect the accused person by seeking the help of the court in enforcing a particular issue (Scheb & Scheb, 2011). The law enforcement officers conduct their duties accordingly, but the courts, using procedural law, end up setting the accused persons at liberty through the protection of certain rules which are controversial to the work of the police. 

 Discuss in detail the Fourth Amendment limits placed on search and seizures by the police

            The Fourth Amendment to U.S Constitution protects personal privacy, against unreasonable government intrusion in their persons, homes, business, or property. Although people are protected by their privacy and freedom from intrusion, there is a limit on it. The police are allowed to search the premises, car, or property as they look for and seize illegal items, or evidence of a crime if at all it is justified. The police may engage in reasonable searches and seizures by showing that it was likely that a crime occurred. The police may also search and seize items without any legitimate expectation of privacy (Dressler & Thomas, 2013). 

References

Bogan PS. & Roberts A. (2011) Identification: Investigation, trial and scientific evidence

Dressler, J., & Thomas, G. C. (2013). Criminal procedure: Principles, policies, and perspectives.

Scheb, J. M., & Scheb, J. M. (2011). Criminal law and procedure. Belmont, CA: Wadsworth Cengage Learning.

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