The Issue Of Concern : Warrantless Gps Devices A Violation Of The Fourth Amendment

1129 WordsJun 21, 20155 Pages
Police Officer take an oath promising to obey and respect all constitutional rights of citizens of USA. Somewhere along the lines, a few forget the oath and end up violating some of those rights. This paper present a few violations of rights under the US Constitution scenario; furthermore, it will also attempt to explain the outcomes. First Issue of concern: Warrantless GPS Devices a violation of the Fourth Amendment Summary of Facts Despite not obtaining a warrant or following instructions from the Sheriff to hold off, Officer Renegade placed a GPS device on a suspect’s car to monitor the vehicle for 10 days; he had suspicions that the subject would pick up a significant large quantity of…show more content…
Arguments Presented by Each Side a) Officer Renegade: Believe he was acting in good faith and his actions were within legal authority. b) Criminal Lawyer: Alleges a violation of his client’s Fourth Amendment Right of the US Constitution that protect the public from an illegal search and seizure. The lawyer claims that placing a warrantless GPS in his client’s vehicle does not give the court legal probable cause to search his client’s residency; therefore, evidence collected should not be admissible in a court of law. c) Saint Leo County Sheriff: Officer Renegade placed the GPS without authorization of the Sheriff Department. Applicable Law Fourth Amendment Right protects American citizens, person, homes, documents, and belongings, against unreasonable searches and seizures. This right should not be violated, and no warrants should be issued without probable cause. Probable cause must be supported by evidences, and must describe the place to be searched and information on the persons or things to be seize (Legal Information Institute , 2015). Suspect (unknown name), is seeking to suppress drug evidence seized in his residence that could lead to an indictment for trafficking drugs. The warrant to search the house was based on evidence obtained through the installation of a warrantless GPS device to his vehicle. In the case of State v. Johnson 2011-0033, evidence collected through a warrantless GPS led to
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