The Fourth Amendment Of The U.s. Constitution

1332 WordsJun 9, 20156 Pages
The Fourth Amendment of the U.S. Constitution 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." The ultimate goal of this provision is to protect people’s right to privacy and freedom from arbitrary governmental intrusions. The Supreme Court has interpreted the Fourth Amendment to allow for a number of exceptions to this requirement where there are exigent circumstances. What are the warrant exceptions the Court has permitted? The first exception…show more content…
However, in Riley v. California (2014), the Supreme Court ruled unanimously that police must obtain a warrant to search an arrestee 's cellular phone. The Court said that earlier Supreme Court decisions permitting searches incident to an arrest without a warrant do not apply to "modern cellphones, which are now such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy," the court also noted that citizens ' cellphones today typically contain "a digital record of nearly every aspect of their lives — from the mundane to the intimate." In Arizona v. Gant (2009), the Court ruled that a law enforcement officer needs a warrant before searching a motor vehicle after an arrest of an occupant of that vehicle, unless 1) at the time of the search the person being arrested is unsecured and within reaching distance of the passenger compartment of the vehicle or 2) police officers have reason to believe that evidence for the crime for which the person is being arrested will be found in the vehicle. With the holding Terry v. Ohio (1968), The Court allowed police to frisk suspects for weapons if the officer had a reasonable suspicion for stopping the suspect and if the officer was concerned for his safety. The second exception to the warrant requirement is if the police think evidence will disappear if they don’t act quickly. When
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