The Fourth Amendment Of The United States Constitution

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

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.

The Fourth Amendment of the United States Constitution is one of the ten amendments that makes up the Bill of Rights. It established that people are protected against “unreasonable searches and seizures” of their “persons houses, papers, and effects” and that a warrant may be issued if probable cause exists and it must describe “the place to be searched and the persons or things to be seized” (HOW TO CITE THIS? U.S. Const., amend. IV)

An arrest occurs whenever a police office detains a person any reason. There are a few

The fourth amendment is a person right to their privacy with the things that they possess. These precedent rights insure the security of our freedom unto a certain extent. This means that a governmental intrusion can take place, allowing a person property to be searched or seized. Depending on the circumstances, officials may or may not have to have a warrant if the evidence is reasonable. “The procedural rights in the fourth amendment influence the operation of criminal justice in the United States nearly every day” (Bohm & Haley, 2011, p.105). For Instance, officials do not have to have a warrant if they have probable cause and needs to preserve the evidence. In addition, a warrant is issued only if the search will end up being connected to the case or if officials think the object is in the home. These conclusions will help the evidence that officials have claimed with probable cause.

Probable cause and reasonable suspicion in law enforcement are important terms used as a guideline to police offers or law enforcement agencies (Lushbaugh, 2012). Each officer is required to deal with every circumstance in light of the reasonable justification. Law enforcement officers and agencies are usually required to determine if there is sensible doubt or probable cause that can lead them to performing and taking part of certain actions in regards to a specific criminal circumstance. Probable cause is characterized as the activities or actions that are obvious and directs towards being part of evidence. The confirmation of evidence is acquired and obtained rationally in which will provide the officer with the knowledge of knowing one has committed a crime.

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 4th Amendment of the United States Constitution states that the police cannot make arrest, search citizens and their property without a warrant, take away objects or participate in surveillance unless given authorization from a judge or if the issue needs a search or seizure without the court's approval (The

"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."

As governed by the Fourth Amendment of the Constitution, we possess the right to be secure in our houses, papers, and effects, against unreasonable searches and seizures. The

The Fourth Amendment protects persons against unreasonable searches and seizures. U.S. Const. amend IV. Absent a warrant, a search may be reasonable if officers obtain consent of a third party having actual common or apparent authority over the premises or items to be searched. United States v. Matlock, 415 U.S. 164, 171 (1974). Actual common authority over property hinges on the “mutual use . . . by parties generally having joint access or control.” Id. at 171 n.7. Should actual authority be absent, the search is still reasonable if officers reasonably believe, based on facts available, that the consenting party had authority over the premises. See Illinois v. Rodriguez, 497 U.S. 177, 188 (1990).

The fourth amendment protects citizen’s right against unreasonable search and seizures. Law enforcement are required to show probable cause to be issued a warrant which grants law enforcement to conduct a legal search. There are a few exceptions when a warrant is not required, but probable cause is still needed.

“No one should live in fear of being stopped whenever he leaves his home to go about the activities of daily life” said by Shira Scheindlin, a United States District Court judge from New York City. The Fourth Amendment protects the rights of all U.S American citizens. The Fourth Amendment states that all authorities need a warrant to search a home or property. The Founding Fathers created this amendment so, the future American citizens were free from unwanted intrusions from the government. It additionally secures that all search and seizures must be plausible. However, an authority should have the right to run a search and seizure on the spot, if they have probable cause. The Fourth Amendment of the Constitution should protect the privacy

The Law enforcement officer can arrest a person who had breached the law and demolished the peace or a felony even without any arrest warrant being issued. Otherwise the fourth amendment allows the arrest of a person in a public place provided there is a suitable cause without considering whether an arrest warrant is obtained or not. But if at all the arrest is to be done at home the officer

The 4th Amendment protects you from unreasonable searches and seizures. This not only protects out of the blue searches for no reason, but invasion of privacy. This keeps authority figures from searching like, maybe a car trunk. This also makes it to where they need a valid reason and a search warrant. They can’t just walk through someone’s doors and begin searching with no reason,