Supreme Court also ruled that any state officials that obtain evidence by the process of illegal seizure or searches may not admit the evidence into criminal trials. The Fourth Amendment protects the rights of citizens from unreasonable seizures and searches (Pearson Education). This decision by the U.S. Supreme Court enforces the exclusionary rule of search and seizures to the all levels of the government and limits the powers that police officers have over citizens by protecting their Fourth Amendment rights (Oyez Project). This case and the decision of the U.S. Supreme Court has redefined the rights of citizens accused of crimes. The decision is controversial because it makes it difficult to determine when or how the exclusionary rule is applied.
Police officers and government employees may not search a person’s property unless they have a warrant. Some pros about the fourth amendment are privacy of citizens, secure property from
____, 2009 U.S. Lexis 3120 (2009) , used the standards outlined in Katz v. United States, 389 U.S. 347, 357, 88 S. Ct. 507, 19 L. Ed. 2d 576 (1967) which states “searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment – subject only to a few specifically established and well-delineated exceptions.” The court also used Weeks v. United States 232 U.S. 383, 392, 34 S. Ct. 341, 58 L. Ed. 652, T.D. 1964 (1914), which states that a search incident to an arrest is among one of the exceptions to the warrant requirement.
According to the Fourth Amendment, people have the right to be secure in their private property, and may only be searched with probable cause. However, in a recent case, this right was violated by the government. An Oregon citizen, with the initials of DLK, was suspected of growing marijuana in his home. The federal government used a thermal imager to scan his home, and were later given a warrant to physically search his home. However, many remain divided over whether or not this scan was constitutional, as there was no warrant at the time of the scan.
The Fourth Amendment: The 4th amendment provides protection in regards to the issuance of warrants sans probable cause and protection against unreasonable searches and seizures. This amendment implements the limit of law enforcement power to conduct searches, seize property, and make arrests. The 4th amendment however does permit searches and seizures when reasonable justification as to why the police need to conduct a search is established. If an individual believes to have a well-founded expectation of privacy of the location or material being searched, the 4th amendment will be upheld. The 4th amendment is classified as the most significant in terms of criminal justice due to the fact police do not violate the fourth amendment by making reasonable mistakes, however, intentional ignorance of the law is not excused.
41. Mapp v. Ohio (1961): The Supreme Court ruling that decided that the fourth amendment’s protection against unreasonable searches and seizures must be extended to the states. If there is no probable cause or search warrant issued legally, the evidence found unconstitutionally will be inadmissible in the courtroom and not even considered when pressing charges. The exclusionary rule, in this case, is a right that will restrict the states and not just the federal government, including the states in more of the federal rights as outlined in the Constitution.
Several exceptions to the Fourth amendment have been made over the past several decades, with some being understandable and others being questionable. Consenting to a search results in not needing a warrant, though this poses many exceptions and complications, i.e. the scope of the consent given, whether consent is voluntarily specified, or whether a person has the right to consent to a search of another's property. Another understandable exception is the “plain view” doctrine, where an officer (acting in legal presence) can seize plain view objects. The stipulation to this is that the officer must have had probable clause that the objects seized are contraband. Exigent circumstances, where it would be harmful or impractical to obtain a warrant
Amendment IV is still used in modern times. Most often, Amendment IV comes into play during criminal trials, because in the 1950s, Supreme Court ruled that any evidence obtained an an unlawful search are ineligible to appear in court. However, this is very controversial because the illegal evidence might prove that the criminal is guilty, but the defendant will escape without punishment since it cannot be used. In addition, Amendment IV, in modern years, has been challenged and discussed often because of many contentious search and seizure incidents involving government or police. Recently, the government has been gathering information on American citizens’ Internet and telephone use in an effort to intercept terrorist activity online and over
However, the Fourth Amendment is not an assurance against all search and seizures, only those that are deemed unreasonable by the law. According to the Legal Information institute an unreasonable search is any search conducted by a law enforcement officer without a search warrant and/or “without probable cause to believe that evidence of a crime is present.” () If any evidence is found during an illegal search and seizure then the evidence is
The Fourth Amendment the Search and Seizure amendment was first passed by Congress on September 25, 1789 (National Constitution Center) that states the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures (National Constitution Center). For the first one hundred years after this amendment was This amendment of the Constitution has been used by both civilians and governmental officials as proof of why they believe an incident that occurred was fair, or unfair. However, there have been times when deciding the fairness or unfairness has not been crystal clear. For instance, the case of Tennessee v. Garner that was first argued on October 30, 1984, and later decided upon on March
Unreasonable search and seizure is an asset in this country. It is an asset in this country because the police have to have rules also. If America did away with the fourth Amendment there would not be any crime because the police will be able to arrest anyone without probable cause. The police would have such much power that people will be afraid to even drive through a stop sign.
Ever since the 1960 's the justice system has been under construction because of the innovative precedents. There has been a constant debate about the justification of the people and how police conduct has an impact. the framework of the fourth amendment will give a better understanding on how the fourth amendment is used. "The right of the people to be secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issue, but apon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or thing to be seized (U.S Const,. amend IV).
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.
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
However at geographical borders or the functional equivalent of borders there is an exception to the Fourth Amendment that states that agents acting in a customs enforcement or border security role can search and/or seize subjects and materials based upon suspicion of criminal behavior. This increase in responsibility placed upon agents is of course another obvious