The Fourth Amendment Of The Constitution Essay

752 Words Jan 27th, 2016 4 Pages
The Fourth Amendment of the Constitution provides “protection against unreasonable searches or seizure by government agents and law enforcement officers who then attempt to use that evidence in a criminal prosecution”(Buckles, 2006, p. 132), therefore law enforcement and investigators must meet certain requirements in order to avoid that the evidence would fall under the exclusionary rule. There are two Four Amendment Search Warrant Requirements they are probable cause and a sworn affidavit specifying the place that needs to be searched, what items or evidence would most likely be seized, and how would this search support the probable cause (Buckles, 2006, p. 132). The probable cause requirement means that the evidence that can be found at the scene can be more probable that not in proving a crime (Buckles, 2006, p. 132). There are some exceptions where a search warrant is not needed, one of them is in a public place depending of where the public place is located usually a search warrant is not needed, also if a crime scene is in private premises and there is exigency law enforcement can enter the crime scene to confirm that a crime has been committed, check for victims and suspects, secure the crime scene if there is probable cause that evidence can be altered or contaminated, if there is evidence in plain view while conducting any of the other steps the officer can legally collect the evidence that is in plain view only, once the crime scene has been secured and victims…

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