The Legal Definition Of The Fourth Amendment

1043 Words Jun 18th, 2015 5 Pages
The legal definition pertaining to a search and what authorizes a search has modified overtime due to decisions made in various court cases. Professor Rose at Stetson Law gives an overview of searches and seizures; the professor elaborates on the steps used when determining the legality of the Fourth Amendment. The six steps of the broad Fourth Amendment template include: who does the Amendment apply to, has there been a search or seizure/seizure, is there probable cause, did law enforcement need to get a warrant, is the search conducted by law enforcement reasonable, and what happens if there is a violation of the Fourth Amendment (lecture 3 - https://www.youtube.com/watch?v=B3rXXu9_QxA). Additionally, the factors crucial for a search to take place and a stop to take place are dissimilar; a search is based on probable cause while a stop is based on reasonable belief. A search has the ability to take place based on motive, ability to observe and the source of information. It’s also significant to note the methods used in obtaining the information, the quality of the information and the timeliness in retrieving the information (lecture 3 - https://www.youtube.com/watch?v=B3rXXu9_QxA). By accurately exemplifying how a police search takes place, it’s easier to determine the legality of the search.
In Katz v. United States (1967), Justice Potter Stewart filed the majority opinion. The petitioner arrested that the phone booth was a protected area by the Constitution; however, the…
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