Fourth Amendment Summary
CJA/364 Criminal Procedures
University of Phoenix
Mr. Dennis Dougan
September 15, 2014
Fourth Amendment Summary
Team C will define and explain the common law background of the Fourth Amendment. This paper will break down the basic terminology of the Fourth Amendment in which protects persons, house, paper and effects. From unreasonable search and seizures.
Search warrant on a Person
A search warrant gives the law enforcement officers permission to search for certain evidence in a specific place. Without a search warrant, police officers may not search a place without its owner’s consent or if the ...view middle of the document...
Search warrant on Home
The Fourth Amendment mentions “house” as a place in which a person has a right to be secure against unreasonable searches and seizures. A seizure is referred to as an interference with an individual’s properties. An unreasonable seizure can be defined as an owner having a reasonable expectation of privacy against having their items seized. The Supreme Court has also defined that a person has a reasonable expectations of privacy for personal information as well.
The Supreme Court has made rulings have that have diminished the protections of the Fourth Amendment that the Constitution has afforded people. An example of the diminish protections is United States v. Leon and Kentucky v. King. In the case of United States v. Leon the Court contended that the evidence seized by the police officer was done in good faith even though the warrant that was used to gather the evidence was defective. In the case of Kentucky v. King, the Supreme Court ruled 8-1 that the police may forcibly enter a person’s home without a warrant as long as they believed someone inside the house is destroying evidence. The Supreme Court also held that the Fourth Amendment doesn’t apply in certain situations such as probation or parole revocation hearings and when the illegally seized evidence is used to impeach the defendant’s testimony.
The government sought and wanted more power that undermines the rights of the Fourth Amendment since 9/11. The USA Patriot Act and other secret surveillance programs have caused concerned to the fundamental rights that were secured by the Fourth Amendment. Some of the Patriot Act provision includes the sneak and peek provision. The sneak and peak clause permits that a police to enter and search a person’s home with a secret warrant and without informing the person until months afterward.
Police raids of American homes and police officers have failed to knock and announce their presence before breaking down the doors and entering the property. In 2006, the Supreme Court has ruled that the evidence found by police officers who entered the home with a search warrant without following the requirements of the knock and announce can be used at trial despite the constitutional violation.
Search warrant on Paper and Effects
According to Worrall. John, (2012), “Paper and effects include nearly all personal items. Business records, letters, diaries, memos, and countless other forms of tangible evidence can be defined as papers. Effects is the catch –all category. Anything that is not a person, house, or paper is probably an effect.
The Fourth Amendment contains two basic clauses; the first clause is the reasonableness clause and the...