Leadership

Arson Evidence Restriction Eased By Latest Supreme Court Decision

Issue 8 and Volume 133.

Arson Evidence Restriction Eased By Latest Supreme Court Decision and A fire in a small town in Michigan led to a recent decision of the United States Supreme Court that could have farreaching influence on the gathering of evidence in arson cases. This decision appears to he a departure from traditional beliefs on search and seizure because it allows the introduction of evidence gathered on a return visit to the premises without a warrant. The Fourth Amendment to the United States Constitution states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Fourth Amendment requires a warrant for searches and seizures. The so-called “exclusionary…

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