The Fourth Amendment Of The United States Constitution

• Search incident to Lawful Arrest- if an individual happens to be arrested lawfully they are no longer a free citizen therefore a police officer may search their persons and any areas that are within their reach. An example can be Mary is arrested for driving under the influence of alcohol. She was stopped after swerving through the road and going at a very slow speed. A search of her vehicle found narcotics in the passenger side of the vehicle. She was herself and that was within her wingspan.

(Encarta Online) In the case Horton v. California 1990, police entered a house with a warrant that was given to search the house for stolen jewelry. While searching the house they found illegal weapons in plain view. The officers seized weapons as well as the stolen jewelry. In 1990 the court ruled in the case, Greenwood v. California, the court approved a search of garbage that was left on the curb without a warrant. One other situation that an officer can enter a home and seize evidence is if there is an emergency and it is vital for he or she to enter. (History Channel Online) In the case Michigan v. Tyler, 1978, there was evidence that two furniture

and seizure (Fourth Amendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall

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

1) Describe Fourth Amendment as you understand including all areas and places it covers? Fourth Amendment protects people from unreasonable searches and seizures of certain papers, books, documents etc. Rules are not violated in it. There must be probable reason because in order to arrest a particular person without a search warrant. It possesses an oath or affirmation from the government. It has two fundamental rights as Right to privacy and Right to freedom. Search occurs when it has a correct reason that was obligated by the government people. Private individuals are violated from this amendment. A seizure happens the owner must has a right documents with him on his own property, if not the documents is seized and the person gets arrested. Sometimes the property belongs to other possessor but in mistake reasonable person gets involved in the task. The banning of unreasonable searches can violate many things to be happen.

The United States Constitution affords all people certain rights. The Fifth 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 not require a warrant. We will also explain the rationale for allowing warrantless searches, examine the persuasiveness of these reasons, and determine if probable cause is always

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."

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.

"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."

1.) Throughout history, the 4th Amendment has changed in a few different ways as far as protection against unlawful searches and seizures. The fundamental ideas of the 4th Amendment sprouted from when America was a colony of England. The Colonies didn’t agree with the fact that the British could come into their homes and take what they wanted. Even the common law prohibition on general warrants was overseen by the British government in order to keep control over the colonies. This corruption and tyranny helped America to have a Revolution against the British government. In the beginning, it was a simple set of rules that: prohibited general warrants, required applications for warrants supported by probable cause, a judge to decide

Search and Seizure There is two type of search and An arrest warrant could be a document issued by a judge or official that authorities the police to require somebody suspect against the law into custody. Search and arrest warrants have some differences. A search warrant allows the officer to look for items to be used as evidence. A search warrant will expire usually after a period of time specified by the law. Some of the jurisdictions have limited that execution of the warrant to a reasonable hour during the day. An arrest warrant has the officer seeking to an arrest of a suspect in detention. The arrest doesn't expire, only if the court that issued it will recall it. Also, arrest warrants may be executed at any time, unless the expectations are specified by

The third Amendment prevents the government from quartering or housing troops in citizen’s houses. The fourth Amendment protects the citizen’s right to privacy, it makes it so that the police need a search warrant to investigate a citizen’s house.

In recent times there has been a growing number of concerns regarding the way police officers perform arrests. Along with these arrests are searches conducted by officers which can sometimes be unconstitutional. The Fourth Amendment of the US Constitution protects its citizens by giving “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” (U.S. Const., amend. IV). This amendment aims to prevent officers from conducting random searches of a citizens’ property and aims to give them a reasonable expectation of privacy.

The Fourth Amendment reads, “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 legal definition of Fourth Amendment. Fourth Amendment synonyms by the Free Online Law Dictionary", n.d.). The fourth amendment prohibits “unreasonable searches and seizures” (Gardner & Anderson, 2012, p.