574, 13 A.L.R. 1159], holding that Fourth Amendment proscriptions against unreasonable searches and seizures do not apply to private conduct, is still good law and controlling” (Stanford Law School,…
However if the officer had pulled these individuals over soley based on the color of their skin, he would not be able to search and seize the individuals. The fourth amendment forbids an officer to search and seize soley on the basis of race, and if the officer had racially profiled the individuals then they could have filed a motion to suppress. However, the officer acted within the scope of the seizure by having legitimate interest and suspicions. The Fourth Amendment clearly states that an officer may search the person arrested, those in plain view of the officer and the accused, and things or places that the acussed person can touch, or that is otherwise in their immediate personal control without a warrant as long as there is legitimate reasoning and it is not an unreasonable search.…
In the case cases of Gerstein v. Pugh, U.S. 103 (1975), relates to the Fourth Amendment of the United States Constitution gives all person who have been arrested and charged on information a privilege to a legal hearing on the subject of reasonable justification. Therefore, making an arrest of a person without probable cause, is unconstitutional and a violation of the Fourth Amendment Rights. In the case County of Riverside v McGlaughlin, 500 U.S. 44 (1991), relates to the Fourth Amendment of the United States Constitution in a reasonable justification case including a warrantless arrestee. Therefore, all warrants must be lawfully secured with reasonable justification.…
Decision: The Supreme court reversed the decision of the lower courts, 8-1, warrantless searches that are being done in police-created exigent circumstances does not violate the 4th Amendment unless the police create the exigency by threatening or violating the 4th Amendment. Precedent Cases: Payton v. New York (1980)- Theodore Payton’s house was forcibly entered by New York City Police because they suspected him of a murder. Evidence was then found in the house that linked Payton to the crime. The police entered his home without a…
As followed, searches incident to arrest do not require a warrant if the search is in radius of the suspect. The officer may search the surrounding area for illegal contraband or weapons. Ultimately, to protect the officers around as well as to collect valuable…
While the Fourth Amendment can slow the process of searches and seizures down, there are many more important things that it protects. The Fourth Amendment protects people’s privacy, protects citizens from being violated by unneeded searches and seizures, and also protects them from being arrested without a reason. Just as Obama states, he is committed to “keep the American people safe,” and “to uphold the…
The Fourth Amendment was created by our Founding Fathers for this exact reason. If a police officer can conduct a warrantless search without receiving adequate consent then our Fourth Amendment right to privacy will continue to be violated, a violation our great Constitution does not permit. In Matlock, the court decided that a third party could give consent to search if they had common authority over the object or premises. U.S. v. Matlock, 415 S. Ct. 164, 171 (1974).…
The Fourth Amendment states "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 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. " It prohibits…
“The Fourth Amendment of the U.S. Constitution provides, "[t]he right of the people to be secure in their persons, houses, papers, 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”( Interests Protected law.cornell.edu). Probable cause is if there something that's easily to tell that something's wrong or not right. Like if it's a murder scene or they can smell drugs or smell alcohol in the car. But very many cases are being dismissed because of the failure of the use of a search warrant. Even though that really isn’t a good thing it assures you because of the fourth amendment you can't go to prison because it’s a cop's word against a civilians.…
The basic requirements for obtaining search warrants begin with probable cause. Probable Cause is the level of suspicion that must be reached under the Fourth Amendment in order to issue a search warrant (Hall, 2014). Probable cause can be based on an officers training, experience, and the totality of the circumstances. Totality of the circumstances can include statements, observations, and evidence, which can include hearsay (Hall, 2014). Probable cause is a higher suspicion than reasonable suspicion and is a level that would cause a reasonable and prudent person to believe that a crime has been, is being, or is going to be committed and the person(s) in question is responsible for the crime.…
Probable cause must be in place to issue a warrant to search a person’s place. If the Fourth Amendment is violated as in the case “Mapp v Ohio any evidence obtained in violation of the Fourth amendment can not be used in a state law criminal case.” (Streetlaworg,2015) Police have to be careful when obtaining evidence and doing searches. Failure to maintain a persons Fourth Amendment Rights can result in evidence to be removed from a case. First, a police officer can stop and question someone on the mere bases of…
September 11, 2001. Four airliners were hijacked by 19 al-Qaeda militants. Three of the planes hit their target. One plane hit the Pentagon in Washington, D.C. The other two were flown into the World Trade Center.…
Stop and frisk should not be legal because many times these searches do…
The statement, “The Fourth Amendment protects people, not places,” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses, papers, and defends them against unreasonable searches and seizures. However, to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant, give the government strict to stipulations as to how they are able to rightfully obtain information that is presumed to be private. Although Searches, Seizures and Warrants seem to have simple guidelines, they are each intricate categories.…
Exigent circumstances are considered instances when it is appropriate for officers to conduct a warrantless search outside of the scope of the Fourth Amendment search and seizure rule. The Fourth Amendment states that every person has the right to be secure in their house, papers, person and effects against unreasonable search and seizure, and no warrant issued unless probable cause is present and supported by an oath or affirmation describing the person, place or thing to be seized (Strasser, 2008). Nevertheless, exigent circumstances are an exception to the rule in emergency situations when an officer has probable cause and no time to secure a warrant in cases where it is necessary to avoid a flight risks, loss of evidence, individual harm, hot pursuits, and movement of a vehicle (Swanson et al., 2011, p. 32). For example, if a call came in that shots had been fired in a residence, then it is reasonable to believe that a victim has been harmed and in need of emergency assistance, so officers have the right to enter the home without a warrant to offer assistance and search the premises for the assailant to avoid harm to themselves and others.…