Fourth Amendment Search Warrant Analysis

An officer has to have a proper understanding when searching or arrest warrants are required. It is important to know how to legally search and seize a person, place, or item. The fourth amendment protects citizens of America by injustice government searches and seizures of people’s house, papers, vehicles, and other items. The fourth amendment says that no warrant should be issued but only by probable cause supported by an oath or a place to be searched or items to be seized. There is seven exception for the fourth amendment search warrant requirement that are lawful arrest, consent, plain view, caretaker function, inventory/impounded vehicles and motor vehicle.
Lawful arrest
Lawful arrest does not require a search warrant when arresting someone. The officer can search the person and any area surrounding the person. The police search the surrounding are for evidence that could be throw or destroyed within the suspect wingspan. The lawful arrest is also helps when searching a vehicle, when the suspect is arrested. The Supreme Court can let a police officer search a vehicle if the officer has reasonable suspicion that the vehicle has weapons or drugs that belongs to the suspects. An example of lawful arrest is when a police officers arrested Sam and takes Sam out of his house, searches Sam and his surrounding area. The officers collects evidence that is in …show more content…
The Supreme Court ruled that a person can give consent to search if the facts are provided to the police at the time of entering the house. Probable cause is not needed when consent is given, a child cannot give consent a parent can give consent on the child. It is hard to prove that suspect is impaired or have mental issues when giving consent. Consent can be taken away anytime and the police would have to stop searching the property or