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The Fourth Amendment: The Threats In The United States

469 Words2 Pages

The Fourth Amendment protects persons against unreasonable searches and seizures. Police deal with search and seizure incidents on a daily basis; unfortunately, numerous mistakes are made and lawsuits result from this type of citizen interaction. One way to prevent an unnecessary lawsuit is to get a search warrant. What if that is not applicable to your situation? There are several search warrant exceptions that may be applied to most investigative incidents.
Memorizing the acronym BACH PIES may help keep you, as law enforcement personnel, from defending your actions in court.
Border
Automobile
Consent
Hot Pursuit
Plain View
Incident to Arrest
Exigent Circumstances
Stop-and-Frisk
The first exception involves border searches. They pertain to searches of persons and property at America’s …show more content…

How many times have you seen a driver give the investigating officer consent to search their vehicle and the officer puts the driver in the back of a police car (for everyone’s safety) with the windows rolled up? How can the officer hear the driver retract their consent? Most second year law students could argue that case in court and probably win. Hot pursuit allows any officer to enter dwellings or structures that a suspect runs into, as long as the pursuit is fresh-keeping a constant visual of the suspect. For 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. The notion of plain feel and smell also fall within the realms of the plain view

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The United States V. Place 462 US Case Brief

510 Words | 3 Pages

United States v. Place, 462 U.S. 696 (1983) Capsule Summary: Seizing a person’s luggage for an extended period until a warrant is obtained violates the Fourth Amendment as beyond the limits of a Terry stop, but, a sniff by a narcotics dog does not constitute a search for Fourth Amendment purposes. Facts: The respondent Raymond Place was stopped by Federal Agents (DEA) upon his arrival into LaGuardia Airport on a Friday afternoon. The respondent refused to consent to the search of his luggage. His luggage was seized by the agents under suspicion they contained narcotics. The respondent was informed the agents would be obtaining a search warrant from a judge.

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The Fourth Amendment draws a line at the entrance of a home. In order for an officer to enter into a home, they must first obtain a warrant. While this is the easiest way to enter into a home, there are exceptions to the necessity of a warrant. An officer does not need a warrant when there is consent, it involves a vehicle, at incident to arrest, containers, or it is an emergency. This case is considered an emergency.

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Arizona Vs Gant Case Study

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The court also used Preston v. United States 376 U.S. 364, 367-368, 84 S. Ct. 881, 11 L. Ed. 2d 777 (1964). In Preston, the search-incident-to-arrest exception does not apply if the area where police officers want to search is not in any way accessible to the arrestee. The court also used New York v. Belton, 453 U.S. 454, 101 S. Ct. 2860, 69 L. Ed. 2d 768 (1981), which applies to vehicle searches, the court held that when an officer lawfully arrests “the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of the automobile” and any containers

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Us Vs Walling Case Study

499 Words | 2 Pages

And if those considered free of criminal involvement may nevertheless be searched or inspected under civil statutes, it is difficult to understand why the Fourth Amendment would prevent entry onto their property to recover evidence of a crime not committed by them but by others. As we understand the structure and language of the Fourth Amendment and our cases expounding it, valid warrants to search property may be issued when it is satisfactorily demonstrated to the magistrate that fruits, instrumentalities, or evidence of crime is located on the premises. The Fourth Amendment has itself struck the balance between privacy and public need, and there is no occasion or justification for a court to revise the Amendment and strike a new balance by denying the search warrant in the circumstances present here and by insisting that the investigation proceed by subpoena duces tecum, whether on the theory that the latter is a less intrusive alternative or

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For instance, officers can enter a private property where a suspect is being pursued without obtaining a warrant

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Arizona ruling eliminated the fear of the accused from torture and coercion and notified individuals of their rights that they otherwise wouldn’t have known that they had. The ruling explicitly stated that if a person was not informed of their Fifth Amendment right, then compelling pressures could cause a person who otherwise not have spoken, to incriminate themselves (Document J). In the Fifth and Sixth Amendments, it had not specifically stated that a suspect must be informed of their rights before they are questioned. The ruling of Miranda v. Arizona finally cleared up the confusion concerning the rights of the accused and self-incrimination and required officials of the law to read out the warning known as the Miranda warning to anyone they may question. Additionally, manuals such as Fundamentals of Criminal Investigation, specified the rules to be used during interrogations to prevent coercion (Document F).

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It was required for government agents to obtain a warrant to legally search

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427 Words | 2 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… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.

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1034 Words | 5 Pages

In 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.

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The “Peace Officer’s Bill of Rights” provide law enforcement officers many of the same rights and privileges of that of the U.S. Constitution’s Bill of Rights. The officers require more protection to prevent coercion from internal investigations that they could easily face during their career. The peace officers bill of rights stemmed from officers wanting a little greater safeguard that protects them from “perceived arbitrary infringement of their rights (Peak, Gaines, & Glenson, 2009, p. 246). According to our text, these statutes identify they type of material that must be afforded to the officer, as to their responsibility to cooperate during the investigation, the right to representation, and the rules and procedures concerning the gathering evidence, especially the interrogation of the officer” (Peak et al., 2009, p. 246).

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Should The Private Sector Be Allowed To Protect By Private Property?

539 Words | 3 Pages

The U.S. Constitution allows for freedom from unreasonable search and seizure by public sector officials. This is stated in the 4th Amendment of the Constitution. The public sector cannot search personal belongings without probable cause, or in most situations a warrant. Vile cites (Vile,J,2010, A Companion to the United States Constitution and Its Amendments,p.141)," The Fourth Amendment thus begins by specifying that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures shall not be violated. "

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796 Words | 4 Pages

An officer may only be allowed to search a person 's personal belongings if their reasoning is associated with a lawful arrest and if they have a probable cause to search (Matthews). After it being a huge deal in New York, other cities and states began embracing the use of stop-and-frisk as it began growing around the United States. In the 1950s police officials in other cities took up, and expanded, the stop-and-search tactics by using the LAPD to embrace the theory of crime

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The 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

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Title: Schneckloth v. Bustamonte Date/Court: The United States Supreme Court, 1973 Facts: This case deals with Clyde Bustamonte, who tried to defraud a check. At 2:40 a.m. local Sunnyvale Police Officer James Rand stopped a vehicle that had a burnt out headlight and license plate light. When Officer Rand approached the vehicle he found that the individuals Joe Alcala, Bustamonte, and Joe Gonzales were in the front seat. In the rear of the vehicle Officer Rand saw three older gentlemen, Officer Rand then asked the driver if he had identification and the driver (Gonzales) did not have any. Rand then asked the other individuals in the car and only Alcala had a valid license, after producing his license Alcala told the officer that the car was his brothers.

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Ohio (1961), the Supreme Court trusted that the Constitution charged the exclusionary rule as a remaking of a Fourth Amendment infringement. They saw the truths of the sample, the exclusionary rule which was the assurance of somebody 's protection furthermore required by the Due Process which portrayed the Fourteenth Amendment. The rule stated three purposes by the Mapp Court, the right given by the constitution and stated that when police admitted that they were at fault, judges then extended the violations in court. This would stop misconduct for negligence since the case of Mapp the Supreme Court has seized out many exceptions to the exclusionary rule. I would agree with exclusionary rule, searches are easy to get permission from most defendants.

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