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.