Essay about Warrant Requirement Falls Under Vehicle Stops

Essay about Warrant Requirement Falls Under Vehicle Stops

Length: 1445 words (4.1 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

I. Exceptions to the 4th Amendment’s Warrant Requirement
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 that the vehicle would have evidence that related to the arrest.
There have also been exceptions regarding person searches. The Supreme Court has ruled that law enforcement in arresting situations are permitted to search an individual to remove any potential weapons that can be used to resist arrest. Person searches have been crafted to cover seizing evidence that can be concealed or destroyed by the arrestee. Searches where law enforcement seize cell phones to prevent destruction are permitted. However the opening and use of those phones is prohibited unless there is a warrant.
II. Discussion
a: Seizing Phone prior to arrest
The seizure of the cell phones of Johnny Rahten and Joey Ruhmoan will probably be permitted by the court. It is reasonable for an arresting officer to search an unsecured arrestee and seize any evidence on the arrestee that can be concealed or potentially destroyed. Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710 (2009). Cell phones more specifically “smart phones” qualif...


... middle of paper ...


... turn. Secondly after discovering incriminating information on a text from Ruhmoan’s phone, this will not be permitted since the phone was searched without a warrant.
III. Conclusion
A court will rule that Rahten and Ruhmoan did not have their 4th amendment rights violated when they seized their phone prior to their arrest. Searching and securing evidence will probably be permitted since the search and seizure occurred prior to their arrest and the evidence was potentially in danger of being destroyed. Forcibly unlocking one of the phones and searching the other at the police station without a warrant will probably be considered a violation of their 4th amendment rights. Searching the car based on a text from a warrantless search will likely be considered a violation of their 4th amendment rights. Evidenced gathered from the cell phone will likely not be permitted.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay about Rhetorical Analysis Of ' The Machine Stops '

- Didactic Reliance on Technology: Analysis of “August 2026: There Will Come Soft Rain” and “The Machine Stops” Use of technology is expanding from day to day, more things in life are depending on machinery. Machines are meant to bring us a comfortable life, and technology is meant to enhance our living standard, yet. Half a century ago, Ray Bradbury issued an enlightenment in the short story “August 2026: There Will Come Soft Rain”. In E. M. Forster’s “The Machine Stops”, a similar enlightenment is made....   [tags: Human, Meaning of life, Humans, The Machine Stops]

Better Essays
1495 words (4.3 pages)

Essay on Evaluation Of User Requirement Analysis Of Data Warehouse Design

- Evaluation of User Requirement Analysis in Data Warehouse Design 1.0 Introduction A data warehouse (DW) can be acknowledged as one of the most complex information system modules available and it is a system that periodically retrieves and consolidates data from the sources into a dimensional or normalized data store. It is an integrated, subject-oriented, nonvolatile and a time-variant collection of data in support of management’s decisions (Inmon, 1993). 1.1 Data Warehouse Design Process When considering the suggestions of various authors who are well known in the field, such as William Inmon and Ralph Kimball the DW design process can be divided into three main stages (Figure 1)....   [tags: Requirements analysis, Requirement]

Better Essays
719 words (2.1 pages)

Race-Based Traffic Stops in the US Essay

- Imagine driving home, on a pleasant evening, after a tedious day at work. Just as you are about to arrive to your neighborhood, you notice blue and red flashing lights and pull over. It seems the police officer has no reason for stopping you, except to search your vehicle because of your suspiciously perceived skin tone. This unnecessary traffic stop, designed for people of colored skin, happens on numerous occasions and has been termed Driving While Black or Brown. Racial profiling is the act of using race or ethnicity as grounds for suspecting someone of having committed a crime....   [tags: racial profiling, police stops, equal rights]

Better Essays
1225 words (3.5 pages)

Essay on Requirements Of Implementing Developing And Maintaining Requirements

- A. Content: This chapter emphasizes on acquiring the most important requirements, further dividing the product requirements from project requirements and makes us aware of the several requirements related problems which might occur. Generally, Requirements is a detailed description of the work need to be implemented to achieve the objectives. Behavior of the system and the environment which is suitable for the system is described by the requirements. Requirements are further generalized for the better understanding into the following types below mentioned....   [tags: Requirements analysis, Requirement]

Better Essays
1051 words (3 pages)

History Of Niagara Falls Essays

- Niagara Falls reigns as one of the most popular tourist attractions in all of New York. Known as a series of three parts that connect the border between the United States and Canada, Niagara Falls holds a lot of tourism potential as the world’s second largest waterfall at 3,950 feet wide (Conservative Institute). Even so, many people venture from all over the world to see its wonders and stare in awe at its grandness and beauty. The three parts that together make up this major landmark include the Bridal Veil Falls, the American Falls, and Horseshoe Falls....   [tags: Niagara Falls, Hydroelectricity, Ontario]

Better Essays
1608 words (4.6 pages)

A Comparison Of The Niagara And Niagara Falls Essay example

- A destination I enjoy visiting officially twice a year would be Niagara Falls. I say officially considering I work only 5 minutes away from Niagara Falls and live only a half hour. With that being said I make it a point to bring the family to take in the attractions and the awesomeness of the Niagara and Horseshoe Falls at least once in the summer visiting both the American and Canadian side as well as another trip in the winter to see the frozen over Niagara Falls. Niagara Falls is about 12,000 years old that formed as stated in (Niagara Falls Canada, 2017) “when melting glaciers formed massive fresh-water lakes (the Great Lakes) one of which (Lake Erie) ran downhill toward another (Lake On...   [tags: Niagara Falls, Niagara River, New York]

Better Essays
1223 words (3.5 pages)

Patient Safety: Hospital Inpatient Falls Essay

- If patient safety is the most important issue in Health Care facilities then how come hospital inpatient falls continue to be the most reported of all accidental falls (Tzeng & Yin, 2009). Throughout the years, hospitals continue to make changes to decrease the risk of accidents and increase the quality of patient safety. With research studies and improvements made, patient falls still hold the largest portion of reported incidents in hospitals (Tzeng, & Yin, 2008). According to Tzeng & Yin (2008), “fall prevention programs apparently do not effectively reduce inpatient fall rates because of human factors and ergonomics in a hospital environment (p.179, para....   [tags: Health Care, Inpatient Falls]

Better Essays
1246 words (3.6 pages)

The Exhausting Yosemite Falls Trail Essay

- The Exhausting Yosemite Falls Trail Located in the popular Yosemite National Park, Yosemite Falls is the tallest waterfall in California. Every year, mother nature’s breathtaking beauty attracts millions of people from around the world. People hike for three long and fatiguing hours in anticipation of witnessing forceful water rushing down the steep mountain from 2,425 feet above. Last summer, my family and I backpacked through the Yosemite Falls Trail and I came to learn what a truly exhausting experience it is....   [tags: Waterfall, Yosemite Falls, Yosemite National Park]

Better Essays
796 words (2.3 pages)

What Is A Visit To Niagara Falls Essay

- “Niagara Falls is the hanging tongue on the face of the earth, drooling endlessly over beauty.” -Vinita Kinra Looking back to all the places I have been, I realize it is hard to pick out the most impressive scenery. From the elegant European style buildings in Old Quebec to the wild and mysterious Banff National Park, I decide to choose my most recent trip to Niagara Falls as my favourite and the most magnificent scenery in my mind. Just like Vinita Kinra said, Niagara Fall is the most important part on the face of the earth, pouring its beauty into individual's mind....   [tags: Water, Niagara Falls, Fall, Autumn]

Better Essays
898 words (2.6 pages)

Essay about An Analysis of Russo's Empire Falls

- An Analysis of Russo's Empire Falls The characters in Empire Falls go through many changes throughout the novel. By the end of the novel Miles is changed drastically. He begins the novel as a slow moving, trusting, somewhat depressed individual. By the end of the novel, Miles has achieved an epiphany. No longer letting the world step on his dreams, Miles goes after with a roar the dreams and desires that have lain dormant for twenty years. His ex-wife, Janine, also comes to realize that the dreams she thought she had are not necessarily what she wants after all....   [tags: Empire Falls Essays]

Free Essays
559 words (1.6 pages)