Entering a Private Place without a Warrant Essays

Entering a Private Place without a Warrant Essays

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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.
In this paper, I will discuss and give details as to what is needed for police to get a warrant and under what circumstances they are allowed to enter a home without a warrant. I will also provide an analysis as to whether the police had the legal right to access the Ellis home and their bedrooms. Additionally, I will explain the exclusionary rule and its importance and how it relates to this scenario. Lastly, I will also describe the steps in conducting this investigation while ensuring that individual’s rights were being protected and the evidence that was gathered would be admissible in a court of law. In the following paragraph, I will discuss what it takes for the police t...

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...rant, they have every right to search for evidence where they think necessary. The body was found in Mary’s closet in her bedroom, without a doubt, with the warrant, her bedroom will most definitely be search for clues. As for Williams’s bedroom, it should be searched as well. The only way to try to understand what happened and why is to look for evidence in any room that looks like there could’ve have been a struggle in it. Obtaining the warrant to search the Ellis home does not restrict them to only look in one area of the house, whatever has happened could have started in one area, continued throughout different rooms while resulting with the final outcome in Mary Ellis’s bedroom closet. In the final paragraphs to follow, I will discuss the exclusionary rule and the “fruit of the poisonous tree” doctrine and their importance and how it relates to this scenario.

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