Mendoza And Magana Open Field Case Study

Search and seizure is a vital and controversial part of criminal justice, from the streets to the police station to court. It is guided by the Fourth Amendment, which states that people have the right to be free from unreasonable search and seizure of their bodies, homes, papers, and possessions and that warrants describing what and where will be searched and/or seized are required to be able to search the above things (“Fourth Amendment,” n.d.). Interpretations of the Fourth Amendment by the U.S. Supreme Court and the establishment of case law by many state and federal courts have expanded upon the circumstances under which search and seizure is legal. Several doctrines and exceptions have also emerged from the Supreme Court and other case law that guide law enforcement officers on the job and aid lawyers in court.

The Fourth Amendment 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

• The Court has ruled that the areas carved out which include exceptions to the basic tenets of the Fourth Amendment, commonly known as warrantless searches, may be conducted if circumstances are such that the interests of society outweigh the invasiveness of the action.

4. Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith?

In the supreme court Muehler v. Mena case, Mena sued the officers in federal district court for violating her 4th amendments rights. The fourth amendment protects people from unreasonable searches and seizures by the government. The officers heard that there was that she was affiliated with gang violence and deadly weapons so they searched the house that Mena and others were in. The officers did things like handcuff Mena and the others. They also questioned her about her immigration status. She believed this violated her 4th amendment rights that should protect her from unreasonable searches and seizures by the government. Mena tried suing the officers in federal district court for violating her Fourth Amendment rights after this. She felt

The Supreme Court consolidated two cases where the police gained entry into the defendants’ home without a search warrant and seized evidence found in the house. The rule of law as read out under the Fourth and Fourteenth Amendment posits that the United States Constitution has prohibited warrantless entry and search of a premise, absent the exigent circumstances, regardless the existence of a probable cause. The courts in Payton held that the Fourth Amendment made it a violation to enter a premise during an arrest absent an arrest warrant and exigent circumstances; a person’s house is a critical point to which the constitutional safeguards should be respected.

The Merit case of Fernandez v. California is seeking to determine whether the Constitutional rights of Walter Fernandez were violated under the 4th Amendment when law enforcement conducted a search of his residence upon obtaining consent from his girlfriend, who was also a resident, after Fernandez was taken into custody (and had stated his objections to the search while at the scene). In Georgia v. Randolph (2006), in a 5 to 3 decision, the Supreme Court held that when two co-occupants are present and one consents to a search while the other refuses, the search is not constitutional. This paper will provide a statement of the decision, based on current

The Fourth Amendment is one of the most important constitutional protections; however, several procedural issues may arise. As seen in this case, the validity of the search warrant was questioned as well as the extent of the protection afforded. A search may be illegal even if a search warrant was issued; probable cause is

Legal Reasoning: The ultimatum of the Fourth Amendment is whether the search was reasonable. The Supreme Court upheld that a warrant is generally required to search a home. Warrantless searches are not reasonable when two co-tenants are present and one of the tenants objects. However, the court held that a same search is reasonable when the opposing tenant is not present. Since the opposing tenant; Fernandez, was arrested and not present, the court affirmed that the search was reasonable

The 4th amendment has been tested in the Supreme Court.”Police officers in Kansas City, Missouri went to the house of Mr. Fremont Weeks and used his hidden key to enter

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.”

Thirty-five years later after Weeks’ case, the Supreme Court in Wolf v. Colorado (1949) held that the 4th Amendment protection applies to searches by state officials and federal agents. However, the exclusionary rule generated in Weeks’ case did not apply to the states. The appellant, Julius A. Wolf, was convicted of treachery to commit abortions in Colorado and police officers had attained evidence used against him without a warrant or consent. State judges were not required to disregard evidence obtained in desecration of the 4th Amendment in states’ criminal prosecutions. In this case, the Supreme Court applied the 4th Amendment to the states through the 14th Amendment Due Process Clause. Wolf’s verdict was upheld (Wolf v. Colorado, 338 U.S. 25, 1949). The Supreme Court left the states to enforce the 4th Amendment protection. It resulted in the abused power and the court had to intervene (Holten &Lamar, 1991).

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

Dating back to Colonial America, tax collectors were abusing their rights with general warrants by conducting illegal searches, and seizing individuals without probable cause or evidence of wrongdoings (Guide, 2015). Our founding fathers established the Fourth Amendment on December 15th 1791, and would further protect each citizen with the right to search and seizure. However, many cases have claimed illegal searches and seizures, resulting in numerous lawsuits where evidence was obtained. Many factors fall under search and seizure, from homes and airports to a single lawn. The purpose of this paper will be to inform the reader of the legal definition of the

When conducting possible searches and seizers, the Fourth Amendment is made to protect unreasonable conduct. Due to