Fourth Amendment Search And Seizure - 963 Words

Fourth Amendment: Search and Seizure The Fourth Amendment: Search and Seizure was passed by Congress on September 25, 1789 and ratified December 15, 1791. The Fourth Amendment provides, [t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches 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 to be seized. Initially the Fourth Amendment was intended to create a statutory buffer between the U.S. citizens and the intimidating power of law enforcement. Today, the general concept and critical goal of the Fourth Amendment is†¦show more content†¦Schools: A warrant is not needed for school officials to search a student who is under their authority. New Jersey v. TLO, 469 U.S. 325 (1985). Vehicles: A search warrant is not needed: †¢ When an officer has probable cause to believe that a vehicle contains evidence of a criminal activity. Arizona v. Gant, 129 S. Ct. 1710 (2009). †¢ To conduct a traffic stop when there is reasonable suspicion that a traffic violation has occurred or that criminal activity is occurring. Berekmer v. McCarty, 468 U.S. 420 (1984); United States v. Arizona, 534 U.S. 266 (2002). †¢ To pat-down a driver or passenger of the vehicle. Arizona v. Johnson, 555 U.S. 323 (2009). †¢ To use a narcotics detection dog to walk around the exterior of a car subject to a valid traffic stop. Illinois v. Cabales, 543 U.S. 405 (2005). †¢ To justify a highway stop without any individualized suspicion by special law enforcement. Illinois v. Lidster, 540 U.S. 419 (2004). †¢ To conduct routine stops and searches at an international border. United States v. Montoya de Hernandez, 473 U.S. 531 (1985). †¢ To conduct sobriety checkpoints for the purpose of combating drunk driving. Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990). †¢ To set up highway checkpoints to seek voluntary cooperation in the investigation of a recent crime that has occurred on that highway. Illinois v. Lidster, 540 U.S. 419 (2004). However, a state may not use a highway checkpoint program whose primary purpose is the discovery andShow MoreRelatedFourth Amendment Search and Seizure1010 Words   |  5 PagesFifth Amendment states that we have the right against self incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions were to be rewritten and that is not likely to happen. In this paper we will be examining the Fourth Amendment, learning the requirements for obtaining a search warrant, defining probable cause, describing when search and seizure does notRead MoreThe Fourth Amendment : A Search And Seizure Reasonable?2135 Words   |  9 PagesWhen is a search and seizure reasonable? J ohn Vile clearly explains the origination of the Fourth Amendment and why it was created at the time of the creation of the Constitution,  ¨Like the amendment that precedes it, the Fourth Amendment was largely motivated by abuses of the British when they ruled America. They had used general warrants, or so-called writs of assistance, in tracking down customs violations in the colonies. A number of states subsequently adopted provisions against such warrantsRead MoreAssignment Sub Heading : Fourth Amendment Right On Search And Seizure877 Words   |  4 PagesAssignment sub-heading: Fourth Amendment Right to search and seizure TITLE AND CITATION: Arizona v. Johnson, 555 U.S. 323 (2209) TYPE OF ACTION: This is a criminal case, did officers Trevizo violate the Fourth Amendment s protection against unreasonable searches and seizures during a routine traffic stop for suspended registration. Johnson was search even after he comply with officer Trevizo’s command. The Arizona Supreme Court denied review. We granted certiorari, and now reverse the judgmentRead MoreSearch and Seizure The purpose for the Fourth Amendment is to protect people from intrusion of the600 Words   |  3 PagesSearch and Seizure The purpose for the Fourth Amendment is to protect people from intrusion of the government in areas where they have a reasonable expectation of privacy. It prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances. â€Å"The Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction. Surveillance and investigatory actions taken by strictly private persons, suchRead MoreThe Fourth Amendment Protects Citizens From Unreasonable Search And Seizure Of Property1435 Words   |  6 PagesThe Fourth Amendment protects citizens from unreasonable search and seizure of property. This ensures that the government cannot take a private citizen’s property without their consent, a warrant or probable cause. The Fifth Amendment protects private property in two ways. The first, it ensures that a person cannot be deprived of private property without due process of law. This means that if the government is to seize private property they must compensate the owner for the property being seizedRead MoreThe Fourth Amendment And The Fourteenth Amendment987 Words   |  4 PagesCitizens are protected by two constitutional amendments, under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises (including a vehicle), and any seizure of tangible evidence, must be reasonable. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularlyRead MoreThe Poisonous Tree1065 Words   |  5 PagesReasonableness Introduction Most of us have seen things that officers or other Law agency have done to other individual and have stated that it was either an unreasonable search and seizure of items that was found on or in the individuals’ car, house, etc., but why would they consider it unreasonable? This usually ends up being a problem for individuals who do not understand the law or how it applies to certain situations. This learner will address the definition of what unreasonable means, whichRead MoreImagine You Are On A Family Road Trip You Drive Through1403 Words   |  6 PagesEither the officer wants to search your vehicle or arrest you. Is the question this legal or illegal for the officer to do? I believe that search and seizure are ethical because it protects citizens from an unlawful entry and provides protection for law enforcement in case a person is dangerous or to provide evidence to use in a criminal case in court. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,Read MoreExclusionary Rule : The Rule889 Words   |  4 PagesThe exclusionary rule protects the rights of the people under the Fourth, Fifth, and Sixth Amendments, and requires evidence obtained directly or indirectly as a result of government violations cannot be used as proof of guilt in a court of law [1] The U. S. Const. amend. IV, states that the rights of the people are to be secure in their homes and person, papers and effects, shall not be violated by unreasonable search and seizure, and no warrants shall be issued unless it is supported by probableRead MoreShould The Police Search The House Without A Warrant?1503 Words   |  7 Pageshallucinations. The police arrive at the house where the party is at due multiple calls about drugs and minors. They want to search the house and take a look around but you know there are drugs here and alcohol plus minors. Would it be okay if the police search the house without a warrant? Is this legal or illegal in this situation? I believe that under viable circumstances search and seizure is ethical because it protects citizens from an unlawful entry and provides protection for law enforcement in case