Should A Police Officer Use The Knife As Evidence?

When the police officer barged into the home of the middle aged man, he did not issue a warrant. Therefore, under the Fourth Amendment, the police officer does not have the right to use the knife as evidence because an illegal search was conducted. The Fourth Amendment grants “1. 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 2. no warrants shall issue, but upon 3. probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.” The officer had done an unreasonable search and seizure, which the Fourth Amendment is against. A search can be reasonable if a warrant

While the police passed the house, they did not hear any gun shots or any screaming. Based on the scenario, the “police entered his home and obtained evidence.” Consequently, this means at that specific moment, there was not a crime being committed when the cops decided to invade the home. Even if the man was fleeing the country and asking for a warrant does take time, the way the officer attempted to obtain the knife was illegal. While the man can go on trial since he was believed to have murdered two elementary students, the knife and any other evidence found inside the house cannot be used as evidence. Based on the exclusionary rule, any evidence obtained as a result of an illegal search and seizure cannot be used against the middle-aged man in the court of law. Furthermore, even though the evidence might have proved the middle aged man is guilty of the crime, this rule is utilized because nothing can destroy a government more than its failure to obey its own rules. Nonetheless, when the knife was obtained without a search warrant or outside one of the exceptions apply, the search will be considered “unreasonable” and, therefore, illegal under the Fourth