Essay On 4th Amendment

Your procedural rights mainly fall under the first ten amendments of the United States Constitution, better known as the Bill of Rights. The Fourth, Fifth, Sixth, and Eighth Amendments apply to a person when it comes to the criminal justice system. These amendments go hand in hand in protecting a person who finds themselves involved in a legal fight. The Fourth Amendment protects an individual from illegal searches and seizures. A search is defined as “explorations or inspections, by law enforcement officers, of homes, premises, vehicles, or persons, for the purpose of discovering evidence of crimes or persons who are accused of crimes” (Bohm & Haley, 2011, p. 105). It is considered a search when a person’s expectation of privacy is impinge upon. A seizure occurs when a person or persons or …show more content…
There are two kinds of searches and seizures that are allowed under the Fourth Amendment. The first is searches and seizures with a warrant. In order for a law enforcement officer to receive a search warrant, they must have probable cause that a crime is being committed. In the search warrant, it must specifically state what and where the items of a crime are located before the judge will grant the search warrant. The second search and seizure allowed under the Fourth Amendment is searches and seizures without a warrant. An example of search and seizure without a warrant is what is called search incident to arrest. A search incident to arrest gives the law enforcement officer the legal right to search the immediate area (in arms reach) of the suspect for evidence of the crime that they have been arrested for. For example, when a suspect is arrested for Driving Under the Influence, the officer can search the vehicle in the immediate area of the driver’s seat for evidence of alcohol or drugs. Depending on the vehicle, that usually means in the driver’s seat area, the center