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Questions on the fourth amendment
The fourth amendment
Questions on the fourth amendment
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Law enforcement officers are known to “hunt for property or communications believed to be evidence of crime, and the act of taking possession of this property,” also known as conducting a search and seizure. It is a necessary exercise in the ongoing pursuit of criminals. Search and seizures are used to produce evidence for the prosecution of alleged criminals. Protecting citizens from arbitrary searches, the Fourth Amendment of the Constitution is our right to limit and deny any unreasonable search and seizure. More often than not, police officers tend to take advantage of their authority by the use of coercion. Although it is unlawful, most citizens do not know what police officers can and cannot do in respect of their human rights. The act of search and seizure is derived from the Fourth Amendment of the U.S. Constitution. The Fourth Amendment is focused on privacy. Its sole purpose is to protect against unreasonable search and seizures performed by State and/or Federal authorities. Most search and seizures are performed by law enforcement officials. There are certain circumstances in which search and seizures are considered reasonable. They can include but not limited to, owner consent, an issued warrant, probable cause, reasonable suspicion and reasonable expectation of privacy. With any of these circumstances an officer has the right to conduct a search of the suspect. A search and seizure is only to be considered unlawful when an individual’s personal property i.e., their house or car is searched or breached without owner consent. Consent is the permission granted for a search to given in one’s personal property. Otherwise, a warrant must be issued for the conducted search in order for evidence to be admitted lawfully. If... ... middle of paper ... ...sible land from a public place, and other places or items in plain or open view. The trial case of Minnesota v. Carter, 525 U.S. 83, 119 S. Ct. 469, 142 L. Ed. 2d 373 (1998) determined that houseguests “typically do not possess a reasonable expectation of privacy in the homes they are visiting. (Greenhalgh)” As police officers continue their hunt to remove criminals off the street, search and seizure has been an ongoing pursuit. The Fourth Amendment protects our right against an unreasonable search. Just like citizens, police officers have limit caps on what they can and cannot do. Although they try to get away with coercion, our Fourth Amendment plays a crucial role in determining arbitrary and lawful search and seizures. Search and seizure has played an important role in law enforcement over the years and it still continues to shape our criminal justice system.
In the case cline v Berg, 273 va. 142, 639 s.E.2d 231 (2007), the circuit court ruled in favor of Berg. The appellate court reversed the circuit court's ruling and found in favor of the Clines. Berg built a surveillance system and constructed high-powered lights to observe his neighbors, the Clines. The surveillance system and high-powered lights were a distraction and a huge issue in privacy between the Clines and Berg. The Clines saw this as an issue with privacy as the Clines can pretty much be watched from the Berg residence. The Clines objected and had their attorney send a letter to Berg asking him to stop his harassing behavior and to remove the high powered lights and the cameras or a large fence would be built around the residence
Three police officers were looking for a bombing suspect at Miss Mapp’s residence they asked her if they could search her house she refused to allow them. Miss Mapp said that they would need a search to enter her house so they left to go retrieve one. The three police officers returned three hours later with a paper that they said was a search warrant and forced their way into her house. During the search they found obscene materials that they could use to arrest her for having in her home. The items were found in the basement during an illegal search and seizure conducted in violation of the Fourth Amendment of the United States Constitution and therefore should not admissible in court.
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. A warrant, a legal paper authorizing a search, cannot be issued unless there is a reasonable cause. Courts have rules that a warrant is not required in every case. In emergencies such as hot pursuit, public safety, danger of loss of evidence, and permission of the suspect, police officers do not need a warrant to search a person’s property (Background Essay). In the case of DLK, federal agents believed DLK was growing marijuana in his home. Artificial heat intensive lights are used to grow the marijuana indoors (Doc B). Agents scanned DLK’s home with a thermal imager. Based on the scan and other information, a judge issued
A search and seizure is the phrase that describes law enforcement's gathering of evidence of a crime. Under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises this also includes vehicles. Any seizure of tangible evidence, must be reasonable. Normally, law enforcement must obtain a search warrant from a judge, specifying where and whom they may search, and what they may seize, though in emergency circumstances, they may dispense with the warrant requirement.
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, 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" (U.S Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief
The 4th amendment protects people from being searched or having their belongings taken away without any good reason. The 4th amendment was ratified on December 15, 1791. For many years prior to the ratifiation, people were smuggling goods because of the Stamp Act; in response Great Britain passed the writs of assistance so British guards could search someone’s house when they don’t have a good reason to. This amendment gave people the right to privacy. “Our answer to the question of what policy must do before searching a cellphone seized incident to an arrest is accordingly simple - get a warrant.” This was addressed to officers searching people’s houses and taking things without having a proper reason. I find
First, studies have to show how the officers apply the procedure of stop-and-frisk second, it should describe how the Fourth Amendment ties with how the police officer performs it. As further research has passed, the authors have seen some articles of steps on how stop-and-frisk being done. “Officers should conduct stops only when they are justified.” By this standard, officers should be required to file a report explaining the reason and context surrounding the stop, along with the ultimate outcome (arrest, weapons or drug confiscation, etc.). Police leaders, commanders, and managers should communicate a clear, uniform message about the purpose of the practice and lay out the expectations for police conduct. Officers should be trained to conduct stops legally and respectfully. In essence, they need to “sell the stop” to citizens by explaining the purpose behind it, how it links to the agency’s crime control efforts, and why it benefits the
The New York City Police Department enacted a stop and frisk program was enacted to ensure the safety of pedestrians and the safety of the entire city. Stop and frisk is a practice which police officers stop and question hundreds of thousands of pedestrians annually, and frisk them for weapons and other contraband. Those who are found to be carrying any weapons or illegal substances are placed under arrest, taken to the station for booking, and if needed given a summons to appear in front of a judge at a later date. The NYPD’s rules for stop and frisk are based on the United States Supreme Courts decision in Terry v. Ohio. The ruling in Terry v. Ohio held that search and seizure, under the Fourth Amendment, is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest. If the police officer has a “reasonable suspicion that the person has committed, is committing, or is about to commit a crime” and has a reasonable belief that the person "may be armed and presently dangerous”, an arrest is justified (Terry v. Ohio, 392 U.S. 1, at 30).
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found in the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a particular case. The 4th Amendment only applies when certain criteria are met. The first criterion is that the government must be involved in a search or seizure via government action.
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
A seizure is the forcible taking of property by a government law enforcement official from a person who is suspected of violating, or is known to have violated, the law. A search to examine another's premises (including a vehicle) to look for evidence of criminal activity. It is unconstitutional under the 4th and 14thAmendments for law enforcement officers to conduct a search without a "search warrant" issued by a judge or without facts which give theofficer "probable cause" to believe evidence of a specific crime is on the premises and there is not enough time to obtain a search warrant.
A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.
From time to time, technology has changed the police and other law enforcement agencies with new devices for gathering evidence. Those new tools has made constitutional questions to arise. “The Fourth Amendment says that you have an expectation of privacy in your home and person.” This amendment protects individuals against unreasonable searches and seizures. In the case of DLK versus the United States, DLK felt his Fourth Amendment rights were violated when law enforcement took thermal images of his home to detect heat without a warrant. Based on this information, law enforcement was able to obtain a warrant and upon finding marijuana growing in his home, he was arrested.
As said by the Fourth Amendment, " the right of the people to be secure in their persons, houses, papers, and effects, against an unreasonable search 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 be seized." The fourth amendment was set in place so that the police or any other law officials are not authorized to just come into people’s homes without permission and rummage through their personal belongings without the authority of a search warrant. Whether an individual is guilty or not or even appears to be guilty, without a warrant, police cannot go into their home and start looking and gathering evidence, unless there is probable cause, such as someone’s life may be in danger. If law officials were to go into their home and gather evidence without a warrant and attempt to use it in a court of law, could very much be ruled as inadmissible and the offender could end up being set free for their crime.