Literature Review : History Of Warrantless Searches

The Fourth amendment of the bill of rights prohibits unreasonable searches and seizures any warrant to be judicially sanction and to support to probable cause.

A search warrant is legal document signed by a judge that authorizes law enforcement officers to search a specific place without the occupants consent . Without a search warrant police officers cannot search your house, they cannot search you or seize your personal belongings without having a valid reason to do so. This is because the 4th amendment protect your rights and privacy by limiting law enforcements.

What if police could barge into any house whenever they feel like it? In a world like this, citizens would have no privacy. People would have to be on alert 24/7 in case any unwelcomed visitors invited themselves inside without permission. The Background Essay: Search and Seizure: Did the Government Go Too Far? notes that the British government would inspect colonists’ houses for certain goods. In order to avoid such circumstances, the Fourth Amendment was added to the Constitution of the United States. The Fourth Amendment states that a search warrant and a reasonable cause is required before any government official is allowed to search another’s belongings. However, in some dire situations, a search warrant is not necessary. The Background Essay gives the examples, “…hot pursuit, public safety, danger of loss of evidence, and/or permission of the suspect,” for when police do not need to worry about taking the time to receive a search warrant. The Fourth Amendment is open to interpretation. As a result, there is a collection of various cases that need to be addressed that involve search and seizure. Such as the case of DLK. In this case, DLK’s house was searched by federal government officials with a thermal imager, which senses warmth, because he was suspected of growing marijuana. The question proposed is whether the use of such high-tech tools, like the thermal imager, count as a “search”. In a situation such as this, it is safe to say that the government went too

The simplest and most common type of warrantless searches are searches based upon consent. [1] No warrant or probable cause is required to perform a search if a person with the proper authority consents to a search. [2] A consent search requires the person being searched to freely and voluntarily waive their Fourth Amendment rights, granting the officer permission to perform the

In the late 1700's the 4th Amendment was written because of strong objections to the Writs of Assistance or general warrants. The Writs Assistance gave officials the right to enter any home and seize belongings without a reasonable cause. (Grolier Encyclopedia) The 4th amendment was ratified in the Bill of Rights on December 15, 1771. This amendment protects the people's right to privacy and security. (Encarta Online)

The Fourth Amendment to the United States Constitution states, “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 particularly describing the place to be searched, and the persons or things to be seized”. It consists of two clauses, the reasonableness clause which focuses on the reasonableness of a search and seizure and the warrant clause which limits the scope of a search. There are many views on how the Fourth Amendment should be interpreted, especially by today’s standards. The world has evolved significantly since the implementation of the Bill of Rights. As it evolved, time brought about numerous cases on the applicability of the Fourth Amendment. When plaintiffs are not satisfied with the decision of lower courts, they can

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."

1. The Fourth Amendment of the U.S Constitution says, “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 particularly describing the place to be searched, and the persons or things to be seized.”

The legal right is with the officers which allows them to search passenger compartments which are found in the suspect’s vehicle. If officer feels that adequate suspicion exist, they have every right to conduct limited suspect search. Vehicles can be searched by the officials without a warrant, if they have the probable cause with them as per the fourth amendment.

The fourth amendment gives people the right to not get illegally search. In other words someone can’t just run up to you and search you they have to have a good reason too search you.. The fourth amendment however is not guaranteed against all searches and seizures, but only those that are deemed unreasonable under the law.

All Americans are entitled to their rights. The Fourth Amendment states that we the people have to deny search and seizures from law enforcement without a warrant. The fourth amendment generally prohibits police from entering a home without a warrant unless the circumstances fit an established exception to the warrant requirement. According to the book The Constitution: Our Written Legacy by Joseph A. Melusky, the Fourth Amendment gives the right of the people to be secure in their person, houses, papers, and effects against unreasonable searches and seizures. Although we are entitled to these rights, police sometimes use and abuse their authority. In many cases, the Fourth Amendment has helped prove the innocence of one’s actions.

The right of the people to be secure in their persons, 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.

Although people in the United States are entitled to privacy and freedom there is a limit to that privacy. State or federal officers are allowed where justified to search your car, house, property in order to seize illegal items such as drugs, illegal weapons, stolen goods just to name a few. When the police do searches it can be for various reasons it depends on the situation. They can have a search warrant to go into a premises and confiscate illegal paraphernalia or when doing a routine traffic stop an officer might become suspicious of activity that is not normal and conduct a search of the vehicle to see why the driver is not acting normal. When conducting searches it is required sometimes to get a warrant which is a document

“The right of the people to be secure in their persons, houses, papers, and effects, against 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 seized.”

The Fourth Amendment to the U.S. Constitution states “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 particularly describing the place to be searched, and the persons or things to be seized (Fourth Amendment). The text of the Fourth Amendment does not define exactly what “unreasonable search” is. The framers of the constitution left the words “unreasonable search” open in order for the Supreme Court to interpret. Hence, by looking at