(Download) "North Carolina v. Bembery" by Court of Appeals of North Carolina No. 761SC797 # Book PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Bembery
- Author : Court of Appeals of North Carolina No. 761SC797
- Release Date : January 20, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The first issue on appeal is whether the seizure of the tires in plain view was in violation of the provision of the Fourth Amendment of the Constitution of the United States prohibiting ""unreasonable searches and seizures."" (Defendant has not questioned that exigent circumstances existed to seize the tires without warrant.) The brief for the State cites case law for the proposition that the Fourth Amendment does not apply where no search is made, but that the limits of reasonableness apply to a seizure without a search. Since the proscription that searches and seizures not be unreasonable is found in the Fourth Amendment, it is clear that the cases relied upon by the State cannot have so broad a meaning as some of their language would seem to allow. The implication that police officers have the right to seize any item which comes into their plain view at a place they have a right to be is fraught with danger and would sanction the very intrusions into the lives of private citizens against which the Fourth Amendment was intended to protect. The Fourth Amendment applies to seizures as well as to searches.
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