The amendment involved in this case was the Fourth Amendment due to the protection of unreasonable search
One controversial aspect of the Fourth Amendment is of how courts should seize evidence obtained illegally. The rights guaranteed by the Fourth Amendment in the Bill of Rights states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” However, it does not explain clearly what an unreasonable search or seizure is and in what cases a police officer should take caution when searching or seizing a suspect. As cases arose in which defendants brought these questions into court, the Supreme Court decided it would need to establish rules which the federal government would implement so that the government doesn’t abuse/overlook the people’s rights in due process. The controversial issue from the Fourth Amendment, which some may regard as implied, but others may regard having a broader meaning, comes from the Exclusionary rule. The Exclusionary Rule was created by the Supreme Court and says that “evidence obtained in violation of the Fourth Amendment’s protection against unreasonable search and seizure could not be used against a person in federal court” (Great American Court Cases 360). The Exclusionary rule is considered just because it protects the people’s constitutional rights from being violated and provides a check on the power of law enforcement and state courts.
As per the fourth amendment, it is clear that unwarranted search and seizure of individuals and persons get misplaced at law. However, under this amendment, there are provisions that the police acting on voluntary consent from a dweller with an equal authority is possible.
The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, 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 searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine.
One of the most important amendments in the United States Constitution and which is also part of the Bill of Rights is the Fourth amendment. The Fourth Amendment protects people from being searched or arrested by police officers or any law enforcement without a reason. An officer may confront you and ask to search your house but if they don’t have a search warrant, they cannot legally pursue it without good reason and permission from a judge. Now what happens when a person is being arrested? Does the police or any law enforcement need a search warrant? The answer to that question would have to be no. This is where “Search incident to arrest” comes into play. Search incident to arrest (SITA), which could also be called the Chimel rule, is a
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
Both the fourth and sixth amendments are important to the United States Constitution. The fourth amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against 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 person or things to be seized” (Aberle 8). Meaning the public is safe from unreasonable searches conducted by the police. The sixth amendment states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed,
The Fourth Amendment is the basis for several cherished rights in the United States, and the right to the freedom of unreasonable searches and seizures is among them. Therefore, it would seem illegitimate- even anti-American for any law enforcement agent to search and seize evidence unlawfully or for any court to charge the defendant with a guilty verdict established on illegally attained evidence. One can only imagine how many people would have been sitting in our jails and prisons were it not for the introduction of the exclusionary rule.
U.S Constitution (“Introduction”) is the document that establishes the fundamental laws of the country and gives the guarantee of the primary rights for all citizens. The Constitution has been improved several times since 1787, when it was signed in Philadelphia. These improvements are called “amendments”, and there are 27 amendments in the text of this document. Each amendment has its own significant meaning for American history, but the most important of them is the 4th amendment, because it gives the rights of great importance. This paper provides an explanation of the 4th amendment and its importance for the people of America.
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.
“Does the 4th Amendment require the police to obtain a search warrant in order to search
One exception to the warrant requirement of the Fourth Amendment is a search incident to a lawful arrest. A search incident to lawful arrest requires a valid arrest as a foundation for conducting a search following an arrest (Ingram, 2009). In this particular type of arrest, a police officer will first begin the process by obtaining full control over an individual. Once the officer obtains full control over the individual he or she will then determine where, when, and how the person will either move from or stay in a particular area (Ingram, 2009). The next move is for the officer, after detaining the individual in question, is to then search the individual to find incriminating evidence. It is important to note that this type of search is actually permitted under the law.
The purpose for the Fourth Amendment is to protect people from intrusion of the government in areas where they have a reasonable expectation of privacy. It prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances. “The Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction. Surveillance and investigatory actions taken by strictly private persons, such as private investigators, suspicious spouses, or nosey neighbors, are not governed by the Fourth Amendment” (Criminal.Findlaw.com, 2013).
The right of the individuals to be protected in their persons, papers, houses, and impacts, against preposterous searches and seizures, might not be defiled, and no Warrants should be issued, yet upon likely cause, upheld by Oath or insistence, and especially portraying the persons or items to be seized and the area to be searched (Holcomb, 2003). The Fourth Amendment protects the individuals from irrational searches and seizures, which implies that numerous searches are fine if they meet certain necessities. Searches are for the most part acknowledged rational when: a judge provides a search warrant depending upon possible reason; or ...
Search and arrest warrants can be viewed as the exceptions to the fourth amendment rule. The fourth amendment states that ‘’ the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated’’ (LII / Legal Information Institute, 2016) The law further states that this can only be violated upon presentation of probable cause. It is for this reason that arrest and search warrants are specific in their structure, manner of obtaining them and most importantly language. This is to ensure that a citizen’s constitutional right is not violated in any way.