Preview

The Fourth Amendment

Powerful Essays
Open Document
Open Document
2793 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Fourth Amendment
Abstract
This paper will investigate the fourth amendment, unlawful search and seizure, and will explain what is considered to be unlawful and what is not. This paper will also discuss the right of privacy that Americans are entitled to as citizens of the United States. Events that have marked history in regards to the fourth amendment will also be explored, explaining the nature of searches and the key components that coincide. The court ruling in the historic case of Arizona vs. Gant will be explored in detail. This court case set out to establish what was actually considered unlawful, and what guidelines must be followed to be considered lawful. The case suggests that because of probable case that a search would then in fact be lawful. But in this case it is discussed that even when probable cause is present, there is still factors that must be considered.

Unlawful Search and Seizure Imagine being pulled over while driving on a suspended license; you are handcuffed, and placed in the backseat of a squad car, while the officer searches your car, without your consent. There you are sweating profusely, nervous of what may and will be found, and then it is found, in the glove box a gun and drugs. What should be said in defense? What should be done? Was this in fact a situation where unlawful search and seizure had taken place? Did this go against your constitutional rights as a citizen? There was no consent, but there was probable cause because of the suspended license. Imagine driving with friends and you are speeding. You are then pulled over, the officer smells marijuana, and arrest everyone inside of the vehicle. He then returns to the vehicle, and searches it finding cocaine in a jacket coat pocket. Was this too an act of unlawful search and seizure? Did this go against your reasonable expectation of privacy?
The Bill of Rights
Many of us may struggle when it comes to knowledge about laws, and our constitutional rights as



References: Arizona v. Gant. (2009). Retrieved November 22, 2012, from http://supreme.justia.com/cases/federal/us/556/07-542/ Calsyn, J. D., Hale, B. C., Kranz, H., Grossman, M. R., & Kim, N. E. (1998). Warrantless searches and seizures. Georgetown Law Journal, 86, 1214-1288. Cole, G.F., & Smith C. E., (2011) Criminal Justice (6th ed.). Belmont, California: Wadsworth. Josephson, M. (1996). Fourth amendment--must police knock and announce themselves before e.g. Microsoft Corporation (1995-2012). The Fourth Amendment [U.S. Constitution]. [ONLINE] Available at: http://www.lectlaw.com/def/f081.htm. (2012). The Fourth Amendment "Reasonable" Requirement. [ONLINE] Available at: http://criminal.findlaw.com/criminal-rights/the-fourth-amendment-reasonableness-requirement.html. Understanding Search and Seizure Law. (2009). Retrieved November 22, 2012, from http://www.nolo.com/legal-encyclopedia/search-seizure-criminal-law-30183.html U.S. Supreme Court: Arizona v. Gant [Article]. (2009, May 04). The Daily Record. Baltimore, Maryland.

You May Also Find These Documents Helpful

  • Powerful Essays

    References: Adelman, Stanley E. (2006). U.S. V Knights: Supreme Court Rules on Searches of Probation by…

    • 2812 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

    Patriot Act

    • 14268 Words
    • 58 Pages

    an education on the Bill of Rights." The Village Voice (New York) 25 Apr. 2007. Lexis…

    • 14268 Words
    • 58 Pages
    Powerful Essays
  • Good Essays

    The case of Terry v. Ohio is considered to be a landmark case because it is “understood to validate the practice of frisking (or patting down) suspects for weapons under diverse circumstances” (www.flexyourrights.org). These circumstances that allow for warrantless searches are applied only if and when an officer feels that peoples lives could be at risk, or if there is enough cause to believe that “a crime is in the process of being committed, a crime has already been committed, or that a crime was about to be committed” (Justice Douglas, dissenting, Terry v. Ohio). The case of Terry v. Ohio set a precedent for future cases because it changed the way searches and seizures were to be conducted and properly obtaining evidence through the use of warrants.…

    • 554 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The 14th Amendment

    • 792 Words
    • 4 Pages

    As discussed in government class, everyone is granted certain rules and permissions in the Constitution. The Constitution grants people in America the freedoms of speech, religion, press, peaceful assembly, and so much more written in the Bill of Rights. A prime example of not knowing would be the riots and looting that happened right here in Baltimore after the murder of Freddie Gray. There were many people out there that day peacefully protesting against officers for police brutality; these people have protection from the law under the first amendment (freedom of peaceful assembly). However, those who were out there looting the businesses in the area and rioting didn’t receive protection. If they knew this, would their actions have been different? If laws and rights are taught in high school, or even middle school, could change the aftermath of situations like Gray’s murder or how any other situation is…

    • 792 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The court’s decision in TLO vs. New jersey had a remarkable impact on the general public, to the extent that it is still cited today. The fourth amendment states that “ the right of the people o be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, 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.”…

    • 345 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Shock Incarceration

    • 1779 Words
    • 8 Pages

    3. Miranda v. Arizona: Certiorari to The Supreme Court of Arizona. (1966). United States Supreme Court. Retrieved April 23, 2004 from the World Wide Web: http://www.tourolaw.edu/patch/Miranda/…

    • 1779 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    A search warrant is typically used when it intrudes on an individual’s privacy or private property. A place or individual is considered to be private when that privacy is reasonably expected…

    • 1288 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    American Search Case

    • 1270 Words
    • 6 Pages

    It was adopted as a response to the abuse of search warrants in the American Revolution. The debate of the definition of search has been challenged in many cases in the history of the United States and is brought up again in this case. The Supreme Court ruled that a search occurs only when a person expects privacy in the thing search and society beliefves that expectation is reasonable. This was decided in Katz v. United States in 1967. In Katz the Court ruled that a search had occurred when the government wiretapped a telephone booth. Now seizure is the other part of the 4th amendment. A Seizure of propert occurs when there is meaningful interference by the government with an individual's possessory interests. The exclusionary rule also falls under seizure. The exclusionary rule states that voluntary answers to questions given to officers are offered into evidence in a ciminal prosecution. The government may not detain and individual even momentarily without reasonable, objective grounds, with few exceptions. The refusal to listen or answers does not answer these grounds. The invasion on people's privacy is only minimal and is usually only in speical cases. Some of these…

    • 1270 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Facts: This case raises questions concerning the Fourth Amendment and searches incident to a lawful arrest. On September 13th, 1965, three police officers arrived at Chimel’s residence in Santa Ana, California. They possessed a search warrant, which authorized Chimel’s…

    • 211 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    5. Wyoming v. Sandra Houghton, 526 U.S. 295 (1999). Retrieved November 13, 2010 from http://openjurist .org/526/US/295/Wyoming –v-Sandra-Houghton…

    • 2555 Words
    • 11 Pages
    Better Essays
  • Powerful Essays

    The following paper discusses the use of warrants, arrests, and the searching of private residences, when the law enforcement officers involved have concluded that there is probable cause. Although, probable cause is a necessary requirement in the obtaining of a warrant and in the following through of arrest procedures, ironically, according to the Legal Information Institute at the Cornell Law School, “Neither the Fourth Amendment nor the federal statutory provisions relevant to the area define “probable cause;” the definition is entirely a judicial construct” (Cornell, 2006).…

    • 1771 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    Bacon: the Greasy Delicacy

    • 1492 Words
    • 6 Pages

    -you have the right to be secure from unreasonable search or seizure. Police must have a reason to stop and search you or your property.…

    • 1492 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Patriot Act

    • 1920 Words
    • 8 Pages

    The longstanding practice under the Fourth Amendment of serving a warrant prior to executing a search could be easily avoided in virtually every case, because the government would simply have to show that it has 'reasonable cause to believe ' that providing notice 'may ' 'seriously jeopardize an investigation. ' This is a significant infringement on personal liberty. (2001)…

    • 1920 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    Right to Confront

    • 2014 Words
    • 9 Pages

    "Maryland v. Craig, U.S. Supreme Court Case Summary & Oral Argument." The Oyez Project | U.S. Supreme Court Oral Argument Recordings, Case Abstracts and More. Web. 29 Nov. 2010. .…

    • 2014 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    As said by the Fourth Amendment, " the right of the people to be secure in their persons, houses, papers, and effects, against an unreasonable search 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 be seized." In simplest terms the Fourth Amendment says that all searches are to be conducted under authority of a warrant( Barany). Many times this amendment is violated which can result in the dismissal of a case, release of a guilty suspect, or the arrest of an innocent individual that was not properly been given his or her rights. In this paper topics involving the violations and exceptions of the many prongs of the Fourth Amendment including: probable cause, Terry vs. Ohio, exceptions to warrantless search and seizures, racial profiling, rights we are awarded, and the Miranda Warning. The Fourth Amendment has many off shoots and I will try to cover the basics, so that you as a reader can more thoroughly understand your rights and privileges as well as the rights that you do not have in many circumstances.…

    • 2148 Words
    • 9 Pages
    Powerful Essays