STUDY OF THE 4TH
CJUS367-1004A-05 Criminal Law
Study of The 4th Amendment
Study Of The 4th Amendment
This particular assignment wants us to take a look at the 4th Amendment specifically, surrounding a make shift drug operation, that will more than likely involve an interrogation of some type with the suspects and a search. The 4th Amendment specifically deals with a person’s rights to be protected from illegal search and seizure, and having a right to be reasonably secure in their house or dwelling. In law enforcement, probable cause must first be established in order ...view middle of the document...
They did not over rule or supersede any part of the Constitution, rather were added more so dealing with citizen’s rights versus the government, and what the government could and could not do. This was a form of checks and balances as well, and made to ensure the government did not unfairly run rough shod over U.S. Citizens.
The 4th Amendment states that all persons have a right to be reasonably secure in their residence or place of living, and should not be subjected to an illegal search and seizure by law enforcement personnel. There must first be probable cause for the search, and the presiding officer (s) must take the oath of affirmation, then a judge will issue the search warrant. The area to be searched must be specified, just having a search warrant in possession does not give the officers carte blanche to search any and all things, or whatever they feel like searching. They must also list what item (s) is going to be seized. “The Fourth Amendment was intended to create a constitutional buffer between U.S. citizens and the intimidating power of law enforcement”. (Thefreedictionary.com, N.D.)
There are exceptions to the 4th Amendment requirement for a warrant. In law enforcement, while officers are out in the field and visually observe a suspect place a suspicious object in their mouth, pants pocket, etc….That exception is called a plain view/incident to arrest. Another exception, is simply asking the suspect permission to search the premise or property, in that case, the 4th Amendment requirement would not apply. Another exception, is if the property, I.E. a car is left abandoned, it can be searched without having to go through the procedure of obtaining a search warrant because of the state of the property. Then there is the exigent circumstances exception. If an officer believes the probability and likeliness that evidence is at a certain place, and has concerns of it being moved or destroyed, this is an exigent circumstance where there is basically,...