ipl-logo

4th Amendment Essay On Warrants

906 Words4 Pages

"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 4th amendment was made based on the Founding Fathers experience with the Kings agents and the all purpose rit of assistances that they used abusively. Without the 4th amendment, we would be at the will of the police because they could come into our household, search anything and take whatever they want. "A reasonable expatiation of privacy" the 4th amendment secures the protection of the people …show more content…

The warrants must be specific describing where will be searched and what or who will be apprehended. Probable cause and or evidence must be present to obtain a warrant. Finally when obtaining a warrant officers must swear an oath. The 4th Amendment does not describe when warrants are needed. The Supreme Court has concluded warrants are not always necessary because of the practicalities of police work. Some examples of when warrants are not needed are arrests. Cops do not need warrants to arrest a criminal if they see the crime being committed. On the contrary, you always need a warrant to arrest someone in their own home. Some more examples of when law enforcers do not need warrants are automobile searches and emergencies. Police do not need a warrant in these situations because time is crucial. Two additional times police do not need warrants are during hot pursuit and in plain view. Hot pursuit is when a law official is chasing a criminal and the criminal runs onto private property. The police can also take any evidence found during the chase. In plain view means cops can take any evidence in plain view as long as the police are where they can legally

Open Document