Essay On Fourth Amendment Violation
Abstract
The understanding of the Fourth Amendment in the U.S. Constitution and its relevance for searches and seizures is critical for any investigator, and it strikes a balance between individual liberties and the rights of society. Most importantly, the limitation on any search is that the scope must be narrow, if a search is not conducted legally, the evidence obtained is worthless. As a matter of fact, the exclusionary rule established that courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance to a case.
The Fourth Amendment Violation
(Should the legal requirements for obtaining a search warrant be changed?)
You are probably quite familiar with the phrase “a man's home is his castle.” This quote is actually a proverb, "an Englishman's home is his castle" which became very popular after the Attorney General for England during the early 1600s, Sir Edward Coke said: "Everyone is to him as his castle and fortress, as well for his defense against injury and violence as for his repose". Coke spoke those words following what is known as the Semayne's case, which essentially acknowledged — …show more content…
But yesterday, Rhode Island Superior Court Associate Justice Judith Savage threw out nearly all of the evidence police collected from that point on, including the contents of cell phones, phone records and communications provided by Verizon, T-Mobile, and Sprint Nextel, landline phone records, and even Patino's "confession for the death of Marco Nieves." Savage said almost all the evidence obtained by police was "tainted by the illegal search made by Sgt. Kite or the other illegal searches and seizures of cell phones and their content,." Patino is fighting the case both on Constitutional grounds and on the facts. He says the injuries to the boy were an accidental result of horsing
The understanding of the Fourth Amendment in the U.S. Constitution and its relevance for searches and seizures is critical for any investigator, and it strikes a balance between individual liberties and the rights of society. Most importantly, the limitation on any search is that the scope must be narrow, if a search is not conducted legally, the evidence obtained is worthless. As a matter of fact, the exclusionary rule established that courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance to a case.
The Fourth Amendment Violation
(Should the legal requirements for obtaining a search warrant be changed?)
You are probably quite familiar with the phrase “a man's home is his castle.” This quote is actually a proverb, "an Englishman's home is his castle" which became very popular after the Attorney General for England during the early 1600s, Sir Edward Coke said: "Everyone is to him as his castle and fortress, as well for his defense against injury and violence as for his repose". Coke spoke those words following what is known as the Semayne's case, which essentially acknowledged — …show more content…
But yesterday, Rhode Island Superior Court Associate Justice Judith Savage threw out nearly all of the evidence police collected from that point on, including the contents of cell phones, phone records and communications provided by Verizon, T-Mobile, and Sprint Nextel, landline phone records, and even Patino's "confession for the death of Marco Nieves." Savage said almost all the evidence obtained by police was "tainted by the illegal search made by Sgt. Kite or the other illegal searches and seizures of cell phones and their content,." Patino is fighting the case both on Constitutional grounds and on the facts. He says the injuries to the boy were an accidental result of horsing