A Brief Note On Warrantless Search And Seizures

Brigham Young, states “True independence and freedom can only exist in doing what’s right.” Without doing what is right, true independence and freedom can’t exist. Depriving the right to privacy for a citizen occurs when a warrantless search or seizure takes place, it also denies security of the citizen. Warrantless searches and seizures are mostly not justified by the law. The safety of a citizen is affected from unfair and unwanted arrest. With a probable cause and a warrant in place, the search or seizure may take place and be appropriate; without a probable cause and warrant, the search or seizure is not reasonable. Unreasonable, warrantless searches and seizures should not take place because it violates the Fourth Amendment of the U.S. Constitution by depriving the right to privacy, the search or seizure will not be justified by law, and it will affect the safety from unfair and unwanted arrest; however, if a
constitution will not be violated if a search warrant is present, and a probable cause is in place, the search or seizure would then be reasonable. According to the Wex Legal Dictionary, “all searches and seizures under the Fourth Amendment, must be reasonable.” If the search or seizure is not reasonable, then there is most likely no probable cause in place. No excessive force shall be used; excessive force is an issue determined by the jury. For example, if excessive force is used, the police officer may be held liable (Wex Legal Dictionary). Salon.com states that the “FISA court will only issue a warrant if a probable cause is in place.” Without probable cause, warrants will not be issued, meaning that the search or seizure is now violating the Fourth Amendment of the U.S. constitution. In summary, if a search warrant is present and a probable cause is in place, the search or seizure is reasonable; however, in opposite circumstances the search or seizure would violate the Fourth Amendment of the U.S.