How Does The Fourth Amendment Affect Law Enforcement

This paper argues that the Fourth Amendment effects law enforcement. In criminal cases, it is important that there is substantial evidence to reach a verdict. For the prosecution to obtain such evidence, they must perform a search and seizure. The Fourth Amendment protects citizens from unreasonable and unlawful search and seizures. It states that people have the right to secure their person and property from search and seizure without a warrant. This amendment came to be after British officials had the power to enter homes freely because of the writs of assistance. The founding fathers believed in the notion that a man had the right to his house and that right being respected by authority. Although this amendment was created in the late 1700’s, it still has an …show more content…
Types of Searches
According to Introduction to Criminal Justice book, “A search occurs only when a government actor infringes on a person’s reasonable expectation of privacy”(book…….). In some cases the Fourth Amendment states that it is not a necessity for a warrant to be issued for all searches. An exigent circumstance is when a warrant may be required but there is an immediate emergency and danger. These include hot pursuits, a threat to others, or even a threat to evidence. Since in this case the circumstance is all an interpretation, it is later disputed in the court as to whether a warrant should have been issued. Another example of when you do not need a warrant is the plain view doctrine. This state anything in plain view of an officer my be seized without a search warrant. The court case Arizona v. Hicks, is a perfect example of how the plain view doctrine is used. In this case, police officers investigated a shooting in Hicks apartment. The police came across very expensive looking stereos that looked out of place. The police