Police Requirements for Certain Tasks Essay

1246 Words Nov 24th, 2008 5 Pages
Explain what would be required of police to do the following:

• Search a home suspected of containing marijuana:

If the police suspect that a home contains marijuana, they must first obtain a search warrant under the Fourth Amendment, unless there are exigent circumstances such as destruction of evidence, hot pursuit, or some other exception that applies.

Although the Fourth Amendment protects a man’s home, neither the home nor all the surrounding objects are beyond the capacity of being searched under proper circumstances. If the police officers possess a search warrant to search a particular home, the warrant may extend to include vehicles parked within the structure and those parked nearby if the objects of the search warrant
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• Search an auto after a traffic stop:

The search of a vehicle because of its mobility has different issues under the Fourth Amendment than for homes and buildings. Because of a vehicle’s mobility, it could drive right through a court’s jurisdiction before a warrant could be obtained. Since all vehicles have windows, persons who are inside the vehicle and who have placed personal items within the interior of the vehicle may expect an arguably lower probability of privacy. Motor vehicles, as well as their operators, have been subject to extensive regulation by the states; court interpretation of the right to be secure against unreasonable searches in one’s papers and effects when they are contained within a vehicle shows that a person has a diminished expectation of privacy in a vehicle.

Although there is a reduced level of the Fourth Amendment protection, where vehicles are concerned, the general rule requires that, prior to a search, the police must possess probable cause and although the level of privacy is reduced, the level of probable cause remains identical to that for any other search where evidence of criminality is being sought after. Probable cause may develop due to a police officer’s observations, reports from other officers, information from informants, or a combination of all these factors. In the case of Carroll v. United States, 267 U.S. 132 (1925) police officers had

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