Criminal Law and Property the Term Paper

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However, even if they had a warrant, the entering would still in all likelihood be considered an illegal search and seizure. All warrants must be proper. In order to be proper it must be based on probable cause. There is no probable cause that the embezzlement was occurring inside the home, thus the entering of the home lacks probable cause and the warrant is not proper. However, even if a warrant is not proper it may still be valid under the fourth amendment if certain warrantless search exceptions are met. These exceptions include: incident to a lawful arrest, automobile search, plain view, consent, stop and frisk, and while in the hot pursuit of evanescent evidence. Clearly, none of these exceptions apply to the case at hand. For this reason, the law enforcement officer's decision to enter the home is an invalid search under the Fourth Amendment of the Constitution of the United States.

The process of purchasing property is essentially a contractual agreement and thus must meet the elements of the law of contracts. In order for there to be a valid contract there must be an offer, and acceptance, mutual accent, consideration, lack of defenses and performance.

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If a purchase of property agreement contains these elements, then there is a valid purchase.

In the situation at hand, because the purchase of property involves the construction of a business venture additional issues may arise. For example, if the property is not properly zoned, the business will have to petition the local government for a change in the zoning laws so as to zone the property for business and commercial purposes. However, this process typically involves a public meeting. As it seems the neighbors are not in favor of the property purchase, getting the property zoned for business purposes may prove to be a challenge.

A fee simple absolute is the legal description given to the largest estate recognized by law. A fee simple absolute can be sold, divided, devised or inherited and has an indefinite or potentially infinite duration. In modern practice, a fee simple absolute is presumed in the….....

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