Freedom Against Unreasonable Search and Seizure Essay

2121 Words Jan 27th, 2006 9 Pages
As said by the Fourth Amendment, " the right of the people to be secure in their persons, houses, papers, and effects, against an unreasonable search 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 be seized." In simplest terms the Fourth Amendment says that all searches are to be conducted under authority of a warrant( Barany). Many times this amendment is violated which can result in the dismissal of a case, release of a guilty suspect, or the arrest of an innocent individual that was not properly been given his or her rights. In this paper topics involving the violations and …show more content…
This is also used to include fingernail scrapings, blood and urine samples, if a person is screaming, or if shots are fired (Wetterer, 120). The automobile exception was first established in Carroll vs. U.S. in 1925 as a part of the Prohibition-era laws allowing roadblocks and check points (Cronin,117) . The law was later amended to allow free and unfettered passage on public highways. This allows for government officials and police to search and open luggage ; but the search of trunks without authorization requires special justifications (Barany). The Chambers vs. Moroney case of 1970 however, ruled that an automobile search need not be made immediately and all that is deemed necessary in a probable cause stop is to, after arresting the driver, confiscate the car that is now parked and take it to headquarters to make a complete inventory of its contents and any evidence found inside the vehicle can be legally seized (Berger). The final example of warrantless search and seizure is the border search exception. This exception's basic idea is that special attention be paid to a nations borders and some transport routes. For this reason on the basics of reasonable suspicion rather than probable cause , immigration points and international airports can search and seize for up to 16 hours. If a suspicious person (s) may be transporting any sort of contraband along a widely

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