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Warrants and Warrantless Searches

ss was designed to prevent arbitrary government, to avoid mistaken deprivations, to allow persons to know and respond to charges against them, and to promote a belief in the legitimacy of official behavior. Hall (1992) differentiates between procedural and substitutive due process in which substantive due process places substantive limits on official power and procedural due process is concerned entirely with the manner in which the government acts.

There are ongoing debates regarding the limits of due process but Hall (1992) notes that despite the controversy over the issue, the Supreme Court continues to uphold the idea that government agencies at all levels must be extremely cautious when depriving any individual of his or her rights to privacy and to being afforded knowledge of the fact that they are under investigation.

The Fifth Amendment also prohibits double jeopardy, stating that "nor shall any person be subject for the same offense to be twice be put in jeopardy of life or limb (Hall, 1992, p. 232)." This principle is rooted in ancient Greek and Roman law, but the clause can be confusing and the Supreme Court has done relatively little to remove the confusion. In 1969, the Supreme Court held in Benton v. Maryland tha


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Warrants and Warrantless Searches. (1969, December 31). In Retrieved 12:56, December 01, 2023, from