Fourth Amendment 4th Amendment - 1596 Words

The 4th amendment, search and seizure causes a lot of problems. Search and Seizure is the rights that police have when they enter in a home. The standard for conducting a warrantless search, probable cause, is the same standard necessary for a warrant to issue. An illegal search or illegal seizure is a violation of your Fourth Amendment rights, and any evidence seized must be excluded from trial. Normally police need a search warrant to enter into a home unless they get the consent to enter in the home without one they normally dont go go into a home without anything. A terry pat is when a police officer can detain or conduct a reasonable search for weapons where the officer has the reason to believe the person is armed. Auto stops is†¦show more content†¦Although commonly referred to as the â€Å"automobile exception,† this rule applies to any vehicle, including boats. While in some ways, it is quite a broad exception, this rule limits the ability to search those are as that might contain evidence of the type suspected to be present. In other words, if police suspect that the occupant of a boat is smuggling people across the border, searching a small tackle box on board would not be permissible. However, if they were looking for drugs, they could search the tackle box. The rationale is that, if an officer has to take the time to obtain a warrant, the vehicle might be out of reach before the warrant can be issued and executed. The rationale here is similar to the automobile exception. Evidence that can be easily moved, destroyed or otherwise made to disappear before a warrant can be issued may be seized without a warrant. Furthermore, if a suspect enters private property while being pursued by officers, no warrant is required to enter that property in order to continue pursuit, even if the suspect is in no way connected with the property owner. No warrant is required to seize evidence in plain view if the police are legitimately in the location f rom which the evidence can be viewed. For example, an officer cannot illegally enter a suspect’s backyard and then use the plain view exception to seize an illegally kept alligator living in the pool. But, if on the premises to serve a warrant duly issued to search for marijuanaShow MoreRelatedThe Dangers Of The 4th Amendment And The Fourth Amendment1610 Words   |  7 PagesThe Fourth Amendment in the Bill of Rights ensures Americans the right to be secure in their homes from government intrusion. Essentially, an officer cannot enter the place of residence of an individual without probable cause or a search warrant. However, with the advances in technology, the government is able to use GPS technology to gain information on certain criminal prospects without probable cause. This is considered unlawful in regards to what the Fourth Amendment stands for. Even under theRead MoreThe First Amendment And Technology1681 Words   |  7 Pages 4th Amendment and Technology Zach Caulum CRMJ 240 Professor Bushong 9/26/2015 â€Æ' Introduction In the twenty-first century there have been many advances in technology which grant us view of more places than we used to be able to see. But with that where do the boundaries lie when using said technology. The history of the Fourth amendment helps to shape how we think about certain issues today, because some of the earlier cases serve as a precedent for the modern fourth amendment cases. ThereRead MoreImagine You Are On A Family Road Trip You Drive Through1403 Words   |  6 Pagesthe persons or things to be seized. (U.S. Constitution - Amendment 4 - The U.S. Constitution Online - USConstitution.net, 2017) The constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, is not guarantee against all searches and seizures, only those are deemed unreasonable under the law. (What Does the Fourth Amendment Mean?, 2017) The Fourth Amendment requires that in order for any government official to searchRead MoreThe Fourth Amendment Of The United States Constitution1327 Words   |  6 PagesThe fourth amendment to the United States Constitution is part of the Bill of Rights, and was introduced to Congress by James Madison in 1789. The role of the Fourth Amendment is to prohibit unreasonable search and seizure and a warrant is to be required that is supported by probable cause. Even though the Amendment was introduced in 1789, it wasn’t adopted as an official amendment until 1792, because in December of 1791 three quarters of the states had ratified the amendment. The fourth amendmentRead MoreEssay about Unreasonable Searches By Police Are Illegal845 Words   |  4 Pagesthe right of privacy- it is important to them. It is ethical for police to have search warrants before searching a person’s personal belongings. There have been recent conflicts on police powers over the pass years. Police are disobeying the fourth amendment by searching illegally. Critics frown upon police, while supporters agree with the police. Being searched without a permit is unconstitutional, and police could take advantage of their power, and abuse it. It makes US citizens feel less secureRead MoreShould The Police Search The House Without A Warrant?1503 Words   |  7 Pagesthings to be seized.† (Fried Kerr, p. 1) The Bill of Rights gives citizens’ rights and freedoms and specifically, the Fourth Amendment protects them from illegal search and seizures. â€Å"The Fourth Amendment does not guarantee against all searches and seizures; only those are deemed unreasonable under the law.† (What Does the Fourth Amendment Mean?, 2017) The Fourth Amendment establishes that for any government official to search a person s home, bank, business, papers, or personal items, he mustRead MoreThe Fourth Amendment : Historical Conception, Key Elements, Legalities, And Violations1221 Words   |  5 PagesAbstract The Fourth Amendment has two basic premises. One focuses on the reasonableness of a search and seizure, and the other on warrants. One view is that the two are distinct, while another view is that the second helps explain the first. However, which interpretation is correct is unclear. In addition, law enforcement today differs sharply from the period in which the Constitution s framers lived. During that period, no organized police forces existed that were even remotely like those of todayRead MoreDrug Testing Of The United States1430 Words   |  6 PagesFirstly, the case involves a 4th Amendment of the constitution regarding the right to unreasonable search and seizures. Particularly, the case is about a Springfield University conducting random drug testing of the students because they have been getting various students cases, where a student was found to be involved abusing illegal controlled substances. The university conducted a survey to get knowledge from the students about a busing illegal substances such as marijuana, heroin, cocaine, methamphetamineRead MoreThe Trial No Search Warrant1049 Words   |  5 Pagesadmissible in criminal prosecution. On appeal, the Supreme Court of the United States reversed the judgment and remanded the case to the Court. â€Å"unlawful searches and seizure† â€Å"right to privacy† Issues: Is evidence obtained in violation of the fourth amendment, prohibiting â€Å"unreasonable searches and seizures† admissible as evidence in criminal procedures? Decision: Reversed. Evidence obtained through illegal searches and seizures are not admissible in a criminal prosecution. Reasoning: Justice TomRead MoreThe Bill Of Rights Of The United States Constitution1501 Words   |  7 Pagesa historical documents that has the first 10 amendments to the United States Constitution. The purpose of the Bill of Rights is for greater constitutional protection for our own individual liberties. It has a list of specific prohibitions on government power. There were only 12 amendments originally for the state legislatures and only picked 10 for all the states and those are known as the Bill of Rights, but there are 27 amendments in total. Amendments 3 through 12 were adopted by the United States