Why is a 'Frisk' Considered a Search and an 'Arrest' Considered a Coursework

Why is a 'Frisk' Considered a Search and an 'Arrest' Considered a Seizure - Coursework Example This is within the definition of a search which means the â€Å"examination of a person, place or vehicle for contraband or evidence of a crime† (Harr, Hess, and Orthmann 195-6). When a police officer pats-down a detained person in search for possible dangerous or illegal possessions, obviously, the detainee is just being searched. The person is not being taken into long-term custody --- or at least not yet. It could be a preliminary for an arrest, but as it is, the act of â€Å"frisk† is not a seizure. On the other hand, an arrest is is very much different from a mere frisk. First, an arrest requires the Miranda warning. This is because the detainee will undergo â€Å"maximum interference† (Harr, Hess, and Orthmann 232) that might seriously put at risk his freedom and privacy. A seizure is defined as â€Å"the taking by law enforcement or other government agent of contraband, evidence of a crime or even a person into custody† (Harr, Hess, and Orthmann 195 -6). ... Therefore, â€Å"all searches must be limited in scope† (Harr, Hess, and Orthmann 272). Provide your own definition of reasonable. => Several factors are at play when it comes to defining what is reasonable. The biggest factor to consider is that â€Å"reasonable† is something that is objective rather than merely subjective to a personal viewpoint. To view â€Å"reasonable† as subjective would not only create a chaotic definition, but would also provoke several infringements on the basic rights of an individual. Generally speaking, something that is reasonable should fall under two basic concepts: 1) meeting of fundamental constitutional rules, and; 2) fitting within permissible realms (Harr, Hess, and Orthmann 271). Obviously, anything that is deemed reasonable will be accepted in courts. Therefore, since the courts look at evidences based on â€Å"specific and articulable facts† and the â€Å"totality of the circumstances† (Harr, Hess, and Orthman n 282), what is considered â€Å"reasonable† should also fall under these definitions. The police officer must also consider his or her â€Å"training and experience† (Harr, Hess, and Orthmann 284) as factors that could help define what is reasonable for a specific situation. Discuss the advantages to obtaining a warrant. => One of the biggest advantages of obtaining a warrant is it â€Å"provides a presumption of reasonableness† (Harr, Hess, and Orthmann 272). Furthermore, since there is an â€Å"assumption that people have the right to be free from unreasonable searches and seizures,† obtaining a warrant frees the law enforcement officer from the burden of articulating probable cause in a warrantless