Pros And Cons Of Search Warrants

Improved Essays
Search Warrants
It is Saturday and like every other Saturday night you are stuck in the house since your friends failed to invite you to do any activities. You decided to be a little spontaneous and text a couple of your friends along with your local drug dealer. After begging your parents to let you borrow the car you then pick up the weed, and then a couple of you and closest friends all decide to go out to a party. Before you all walk into the house you put the car in park and decide to roll up the weed with intentions of smoking it before you all walk into the party. The weed is laid out on the dashboard and the windows are so fogged up from the excess smoke they did not let out.
Flashing red and blue lights are coming from the rearview window which indicates to the teens that the police may have caught onto them. The police officer walks up to the window to ask questions, but before moving any further he notices the weed on the dashboard. The officer then demands that everyone keep their hands where he can see. The
…show more content…
A Search warrant is defined as “a warrant issued by a competent authority authorizing a police officer to search a specified place for evidence even without a occupant’s consent”(LII, 1). This has then given him enough evidence so that it was okay to observe the car. This connection can be linked to the Fourth Amendment which is defined as “the reasonable belief that a crime has been committed and that the person is linked to the crime with the same degree of certainty”(Criminal Procedure, 1). Along with searching cars; police officers are about to go searching homes, persons, and even schools if they felt that there is any reasonable doubt to continue on with pursuing the search any further. Being able to seize that object allowing that officer to use in court against that person is their

Related Documents

  • Improved Essays

    Indeed, the Terry search principle was regarded, and the limit to which it was supposed to be conducted was reviewed, Terry vs. Ohio case. The court further went into other cases that had resolved issues on the fourth amendment and the Terry search (Minnesota v Dickerson, 1993). Indeed, in Michigan vs. Long, the Court held that in the context of that case, a Terry search allowed the search of the individual and passenger’s compartments of the automobile to ascertain beyond doubt that the defendant was not armed and dangerous. In limited cases, the Court held that when contraband is retrieved, then the officer cannot ignore the contraband as the Fourth Amendment does not suppress it under those circumstances. However, the court in Long had ruled that if police lacked probable cause in believing that the object in plain view was contraband then conducting a further search to make the object apparent would make the plain view doctrine unwarranted with the seizure of the contraband.…

    • 1014 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Otto Thief Case Study

    • 768 Words
    • 4 Pages

    This is because the identification number of the car is not a breach of privacy. When the verification number on a car is being checked it is just verifying that the car is the one it is said to be. Also since the officers saw the vehicle during the arrest they can legally search the general area for things in plain sight, which the car was. The preservation of evidence is also an exception to searching inside a house incident to arrest. In the textbook it states that there are two main purposes of searching incident to arrest, safety and for evidence relevant to the crime.…

    • 768 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The two departments do not see eye to eye with another and create huge problems when they come into contact with another. However, The Highway police is presented with a real crime that was committed on their stretch of highway. The accidental discovery of a corps and large amounts of marijuana is…

    • 750 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Achman Case Study

    • 748 Words
    • 3 Pages

    During the search, police found things like a Uzi machine gun, a .38 caliber revolver, two stun guns, and a handcuff key, but did not find the supposedly stolen stuff. Police Officers did confiscate the weapons while in search for the stolen items and used it in court. So therefore his fourth amendment was violated. The 4th amendment states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. " This action performed by the police officers reminds me of the supreme court case, Mapp V. Ohio.…

    • 748 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Kentucky Court Case

    • 670 Words
    • 3 Pages

    Decision: The Supreme court reversed the decision of the lower courts, 8-1, warrantless searches that are being done in police-created exigent circumstances does not violate the 4th Amendment unless the police create the exigency by threatening or violating the 4th Amendment. Precedent Cases: Payton v. New York (1980)- Theodore Payton’s house was forcibly entered by New York City Police because they suspected him of a murder. Evidence was then found in the house that linked Payton to the crime. The police entered his home without a…

    • 670 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Search and Seizure Before stepping into someone’s house or property, officers of the law must obtain a search warrant. This is outlined in the Fourth Amendment. Evidence collected at an unlawful search is usually inadmissible in court. Two Layton police officers violated the Fourth Amendment when they stepped in the house of Chelse Brierley to question and arrest her in Utah. She was a suspect in a hit-and-run DUI crash in 2013.…

    • 584 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Adjustments to Obtaining a Search Warrant Think of a time when hearing the news and listening to a sudden panic in everyone’s voice. The day when a man shot up the school in Sandy Hook or the mass shooting in a high school in Florida. Suddenly, the world has reached a point where the news on TV is mostly negative. Turning the news on makes the citizens and fellow neighbors scared, thinking what is next and who is next. Is it possible to remember the day when the news had something positive to say about the world?…

    • 1408 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    According to chapter four, the Fourth Amendment of the United States Constitution protects all citizens from unreasonable searches and seizures of property (personal or otherwise) by law enforcement officers, hence the requirement of a search warrant. A search warrant is issued by a judge and is used to authorize law enforcement officers to search a particular location and seize specific items, most often suspected evidence. The first and by far the most important step in obtaining a search warrant is to show probable cause that a crime was committed and that the items in question or connected to the crime are very likely to be found in the specific place named in the warrant. In order for the search warrant to be deemed valid it must first…

    • 256 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The 4th Amendment to the U.S. Constitution guarantees freedom from unreasonable search and seizure. Law enforcement officers need probable cause and in most case a warrant to search a person or their belongings. Any evidence collected from an illegal search will be excluded from evidence at trial. The purpose of the 4th Amendment is to protect citizens from being abused by the government and its law enforcement agencies. Students at public education institutions are also protected against unreasonable search and seizures of personal property, but students have a reduced expectation of privacy when in school.…

    • 923 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    While the Fourth Amendment can slow the process of searches and seizures down, there are many more important things that it protects. The Fourth Amendment protects people’s privacy, protects citizens from being violated by unneeded searches and seizures, and also protects them from being arrested without a reason. Just as Obama states, he is committed to “keep the American people safe,” and “to uphold the…

    • 66 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Moot Court Case

    • 1647 Words
    • 7 Pages

    The Fourth Amendment was created by our Founding Fathers for this exact reason. If a police officer can conduct a warrantless search without receiving adequate consent then our Fourth Amendment right to privacy will continue to be violated, a violation our great Constitution does not permit. In Matlock, the court decided that a third party could give consent to search if they had common authority over the object or premises. U.S. v. Matlock, 415 S. Ct. 164, 171 (1974).…

    • 1647 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    “The Fourth Amendment of the U.S. Constitution provides, "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”( Interests Protected law.cornell.edu). Probable cause is if there something that's easily to tell that something's wrong or not right. Like if it's a murder scene or they can smell drugs or smell alcohol in the car. But very many cases are being dismissed because of the failure of the use of a search warrant. Even though that really isn’t a good thing it assures you because of the fourth amendment you can't go to prison because it’s a cop's word against a civilians.…

    • 618 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Fourth Amendment In Texas

    • 492 Words
    • 2 Pages

    As well the court also stated that detaining a person to require him to identify himself with lack of evidence against him/her violates their Fourth Amendment right. The Fourth Amendment requires such action,or that the seizure should be carried out pursuant to plan embodying explicit,neutral limitations of individual officers. In other words, a police officer can’t arrest you,detain you,or search you without a search warrant or an arrest warnat. Though there are some expectations on getting search or being detained,like for instances if a police officer asks your permission to search in your belongings and you agree then that’s not considered an intrusion of your privacy because you allowed him/her to search in your belongings. Same goes for being arrested because in order to be charged with a crime police officers must have reasonable suspicion and enough evidence to charge you with that crime.…

    • 492 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Is drug testing of students who participate in extracurricular activities permitted under the fourth amendment? fourth amendment states that a person has the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Meaning that the people are protected from unreasonable searches and seizures by the government while it does not guarantee against all searches and seizures, only those the law deems unreasonable. Which is determined by the balance of two important interests being…

    • 523 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Fourth Amendment

    • 752 Words
    • 4 Pages

    Amendment IV The fourth amendment is one of the primitive and mainly significant entitlements bestowed to the citizens of The United State of America; the law, distinctively states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” What Does the Fourth Amendment Mean? The Fourth Amendment of the U.S. Constitution stipulates, the entitlement of individuals to be secure in their individualities, dwellings, documents, and possessions, against irrational searches…

    • 752 Words
    • 4 Pages
    Improved Essays