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The Fourth Amendment: The Threats In The United States

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The Fourth Amendment protects persons against unreasonable searches and seizures. Police deal with search and seizure incidents on a daily basis; unfortunately, numerous mistakes are made and lawsuits result from this type of citizen interaction. One way to prevent an unnecessary lawsuit is to get a search warrant. What if that is not applicable to your situation? There are several search warrant exceptions that may be applied to most investigative incidents.
Memorizing the acronym BACH PIES may help keep you, as law enforcement personnel, from defending your actions in court.
Border
Automobile
Consent
Hot Pursuit
Plain View
Incident to Arrest
Exigent Circumstances
Stop-and-Frisk
The first exception involves border searches. They pertain to searches of persons and property at America’s …show more content…

How many times have you seen a driver give the investigating officer consent to search their vehicle and the officer puts the driver in the back of a police car (for everyone’s safety) with the windows rolled up? How can the officer hear the driver retract their consent? Most second year law students could argue that case in court and probably win. Hot pursuit allows any officer to enter dwellings or structures that a suspect runs into, as long as the pursuit is fresh-keeping a constant visual of the suspect. For officer safety reasons, I do not recommend chasing suspect(s) into unfamiliar structures without back-up. Even then, that is an individual judgment call. Plain view is another search warrant exception with specific requirements. The officer must have a legal right to view the evidence and immediately recognize it as contraband. Also, the item in question cannot be moved or manipulated. The notion of plain feel and smell also fall within the realms of the plain view

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United States v. Place, 462 U.S. 696 (1983) Capsule Summary: Seizing a person’s luggage for an extended period until a warrant is obtained violates the Fourth Amendment as beyond the limits of a Terry stop, but, a sniff by a narcotics dog does not constitute a search for Fourth Amendment purposes. Facts: The respondent Raymond Place was stopped by Federal Agents (DEA) upon his arrival into LaGuardia Airport on a Friday afternoon. The respondent refused to consent to the search of his luggage. His luggage was seized by the agents under suspicion they contained narcotics. The respondent was informed the agents would be obtaining a search warrant from a judge.

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The Fourth Amendment to the United States Consitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant be judicially sanctioned and supported by probable cause. The common misconception is that it simply covers what it states. In the age of development and new technology, it is likely that what we consider secrets or personal information is not as secret or personal as we once believed. Important pieces of evidence or information have often been found through illegal means, and this has led to many cases that change the way the constitution and the Fourth Amendment affect

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Two additional times police do not need warrants are during hot pursuit and in plain view. Hot pursuit is when a law official is chasing a criminal and the criminal runs onto private property. The police can also take any evidence found during the chase. In plain view means cops can take any evidence in plain view as long as the police are where they can legally

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On the other hand, this amendment makes it strenuous to conduct surveillance without a probable cause. The Fourth Amendment was a suitable change to the Constitution because it ensures citizens’ privacy cannot be invaded, ensures citizens’ property is secure from seizure, and stipulates searches must be approved by a judge although it makes finding evidence

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Ohio (1961), the Supreme Court trusted that the Constitution charged the exclusionary rule as a remaking of a Fourth Amendment infringement. They saw the truths of the sample, the exclusionary rule which was the assurance of somebody 's protection furthermore required by the Due Process which portrayed the Fourteenth Amendment. The rule stated three purposes by the Mapp Court, the right given by the constitution and stated that when police admitted that they were at fault, judges then extended the violations in court. This would stop misconduct for negligence since the case of Mapp the Supreme Court has seized out many exceptions to the exclusionary rule. I would agree with exclusionary rule, searches are easy to get permission from most defendants.

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In the United States, there are many times in which police officers conduct illegal searched and seizures, in hopes of finding evidence that will get an accused a conviction. Under the Fourth Amendment, individuals have a right to be protected from such situations. In 1957, there was a case in which police received a tip from an informant in regard to a bombing and the suspect responsible for the recent bombings (Peak, K. & Everett, P., 2016). The police went to the woman's home and forced themselves in to obtain any evidence that they could find. Evidence was found at the home and the woman was later convicted.

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In addition, the law enforcement only needs to be “supported by a probable cause” or an “arrest warrant,” to search a United States citizen. Although, the police officer could arrest a suspect to stop them from running away or to preserve evidence. Besides the Fourth Amendment is still beneficial for all United States

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