Arguments Against The Fourth Amendment
Most people know the fourth amendment as a protection from unreasonable search and seizure. The constitution its self says “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…” (). What this means in terms of a search is if law enforcement wants to search your house, vehicle or residence they must obtain permission, or a search warrant. A warrant is issued by a judge or magistrate and it will require probable cause which would be a reasonable belief or fair probability that something illegal will be found or evidence to a crime will be found. Carroll v. United States, 267 U.S. 132 [1925] In …show more content…
The circumstances that are considered exigent vary, and courts have applied this exception to the fourth amendment to be applicable to an array of situations law enforcement has encountered. These situations include when someone may be harmed, evidence may be destroyed if law enforcement were to wait for a search warrant, or a suspect may escape.
Several court cases have played a role in when and where law enforcement may use the exception of exigent circumstance to conduct a search without a warrant. United States v. Santana is the case that has made it legal for law enforcement to chase a person into a residence when they were in “hot pursuit” without a warrant. Ker v. California made is legal for law enforcement to go into a residence in order to prevent the destruction of evidence. There are many more cases that help define and shape this exception and the applicability of the exception is generally a case by case
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In this case Mr. Wolf was accused of performing an illegal abortion. Police conducted a search of his office, seizing evidence to include the names of other patients. The patients were questioned and some had admitted to having abortions performed by Mr. Wolf. He was then tried and convicted of conspiracy to perform abortions. He appealed all the way to the Supreme Court where the decision to incorporate the fourth amendment was made.
The Wolf v Colorado decision was a failure in some aspects. The justices decided against the idea of the exclusionary rule being incorporated with the fourth amendment. States now had to protect citizens against unreasonable search and seizures but if they failed to do so, evidence obtained was still allowed to be use in court to convict offenders. Their reasoning to not include the exclusionary rule was that it was not a requirement of the fourth
The Fourth Amendment: The Threats In The United States
469 Words | 2 PagesFor officer safety reasons, I do not recommend chasing suspect(s) into unfamiliar structures without back-up. Even then, that is an individual judgment call. Plain view is another search warrant exception with specific requirements. The officer must have a legal right to view the evidence and immediately recognize it as contraband. Also, the item in question cannot be moved or manipulated.
Police Violate The Fourth Amendment
234 Words | 1 PagesIn the case, the Court did not see sufficient evidence to support the claim that the police violated the respondent’s Fourth Amendment right, prior to entering the resident. There is no evidence of threats or demands made by the police officers, that would insinuate the officer did anything wrong. Because the police in this case did not violate or threaten to violate the Fourth Amendment prior to the exigency, the Court held that the exigency did in fact justify the warrantless search. The officers re-acted upon suspicion and training (Vile, n.d.).
Evolution Of The Supreme Court Between 1953 And 2003
563 Words | 3 PagesIn this period, the Fourth Amendment was strongly upheld along with the exclusionary rule. The exclusionary rule is made so that police couldn't use any illegally-obtained evidence to convict a defendant. Chief Justice Earl Warren brought the exclusionary rule from local to state-level in the court case of Mapp v. Ohio. In this case, officers forced their way into a home without a search warrant because they suspected Dollree Mapp of hiding an alleged bomber, where they collected evidence so they could use it against him in court. The exclusionary rule was enforced, making none of the evidence found applicable to be used against Mapp in court.
Examples Of Exceptions To The Fourth Amendment
153 Words | 1 PagesSeveral exceptions to the Fourth amendment have been made over the past several decades, with some being understandable and others being questionable. Consenting to a search results in not needing a warrant, though this poses many exceptions and complications, i.e. the scope of the consent given, whether consent is voluntarily specified, or whether a person has the right to consent to a search of another's property. Another understandable exception is the “plain view” doctrine, where an officer (acting in legal presence) can seize plain view objects. The stipulation to this is that the officer must have had probable clause that the objects seized are contraband. Exigent circumstances, where it would be harmful or impractical to obtain a warrant
Katz 4th Amendment Essay
1224 Words | 5 PagesThe Fourth Amendment protects all citizens from unreasonable searches and seizures. The Fourth Amendment states any form of stalking, any form of eavesdropping, any form of searching and seizing are a violation of the 4th Amendment. This protects everyone of the United States(Oyez). Searching or seizing anything from someone in a private area without a
Fourth Amendment Vs Exclusionary Rule
216 Words | 1 PagesThe founders of the Constitution knew that it is important to protect citizens from violation of their privacy, especially to the respect of invasion of their homes. Therefore the fourth amendment came into existence to ensure that individuals rights will not be infringed. The fourth amendment and the exclusionary rule has protected individual rights against the police and other government agencies from, unreasonable search and seizures. Furthermore, the exclusionary rule has deterred police misconduct and as well as intended to discourage law enforcement from conducting illegal searches by stating that any evidence found during an illegal search will be dismissed and cannot be used against the defendant in a court of law. The supreme court case, Fremont weeks vs. United States, the Supreme Court ruled that since the evidence gathered during weeks case were through illegal means the court dismissed the case.
What Is The 4th Amendment Fair
138 Words | 1 PagesThe Fourth Amendment the Search and Seizure amendment was first passed by Congress on September 25, 1789 (National Constitution Center) that states the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures (National Constitution Center). For the first one hundred years after this amendment was This amendment of the Constitution has been used by both civilians and governmental officials as proof of why they believe an incident that occurred was fair, or unfair. However, there have been times when deciding the fairness or unfairness has not been crystal clear. For instance, the case of Tennessee v. Garner that was first argued on October 30, 1984, and later decided upon on March
Unreasonable Fourth Amendment
70 Words | 1 PagesUnreasonable search and seizure is an asset in this country. It is an asset in this country because the police have to have rules also. If America did away with the fourth Amendment there would not be any crime because the police will be able to arrest anyone without probable cause. The police would have such much power that people will be afraid to even drive through a stop sign.
Arguments Against The Exclusionary Rule
1034 Words | 5 PagesIn the United States, there are many times in which police officers conduct illegal searched and seizures, in hopes of finding evidence that will get an accused a conviction. Under the Fourth Amendment, individuals have a right to be protected from such situations. In 1957, there was a case in which police received a tip from an informant in regard to a bombing and the suspect responsible for the recent bombings (Peak, K. & Everett, P., 2016). The police went to the woman's home and forced themselves in to obtain any evidence that they could find. Evidence was found at the home and the woman was later convicted.
United States Law: The Border Search Exception
336 Words | 2 PagesThe Border Search Exception is considered a doctrine under the United States law. It allows search and seizure at international borders without a warrant or a probable cause. This is not actually considered a hole in the 4th Amendment rather a hole in the requirement for probable cause. It has been a controversial subject especially in today’s technological ridden world. Electronic devices containing files, personal data, and information is also subject to search for illegal content including child pornography, illegal dealings, and illegal use of information.
The Importance Of The Fourth Amendment
300 Words | 2 PagesThe Fourth Amendment provides defense against illegal search and seizures. Essentially, one can rest assured that the police will not simply enter his house without any cause or warrant, search until they find something incriminating, and then legally use that discovery to charge the person with a crime. Instead, there are many very specific rules and regulations about how something can be discovered and even damning evidence found incorrectly is thrown out (Katsh, 2013). This is an important constitutional right as it ensures that witch-hunts that aim specifically to find something illegal are never carried out and instead the law enforcement aim is to properly catch someone who is doing something wrong.
Essay On Search Incident
633 Words | 3 PagesThe U.S. Supreme Court stated that it is reasonable to search the arrestee and the area that would allow the arrestee to gain access to a weapon or destroy evidence, but not areas where the arrestee could not reasonably obtain weapons or destroy
Mapp Vs. Ohio Case Study
316 Words | 2 PagesIn Wolf vs. Colorado the Supreme Court had decided that it did not. Illegally obtained evidence could be used in trials because the 4th amendment did not apply to states. The principle became known as the exclusionary
Florida Vs. Jardines Case Study
558 Words | 3 PagesThe case of Florida versus Jardines was heard before the Supreme Court on October 31, 2012 and a decision was made on March 26, 2013. The Supreme Court ruled in favor of Jardines. This case challenged the fundamental core of the Fourth Amendment, which protects against unreasonable search and seizure. The ruling of this case has impacted how law officials handle searches and the use of drug dogs. This case also challenged the boundary line of where personal property starts.
Supreme Court Case Analysis
1103 Words | 5 PagesUnited States Supreme Court Decision in Arizona v. Gant Prior to the Supreme Court’s opinion on Arizona v. Grant it was a standard practice under New York v Belton for police to conduct a search
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