Fourth Amendment Essay

and other individual’s safety. Some states allow the plain touch exception; nevertheless, the Minnesota Supreme Court refused. The court maintained that the search performed on Dickerson was far more invasive than what is applicable under the Fourth Amendment. Furthermore, the courts stated that by allowing the “plain touch” exception, there have been numerous unlawful searches and seizures conducted. Officers can confiscate contraband, and it can be used against the perpetrator; yet, it must be…

Exigent circumstances are considered instances when it is appropriate for officers to conduct a warrantless search outside of the scope of the Fourth Amendment search and seizure rule. The Fourth Amendment states that every person has the right to be secure in their house, papers, person and effects against unreasonable search and seizure, and no warrant issued unless probable cause is present and supported by an oath or affirmation describing the person, place or thing to be seized (Strasser,…

Case title: Herring v. United States Citation: 555 U.S. 135 Year decided: 2009 Facts: Bennie Dean Herring was arrested on July 7, 2004 after he went down to the Coffee County Sheriff’s Department to obtain items from his truck which was impounded. Investigator Mark Anderson became suspicious of Herring and began to inquire about his past. He had Sandy Pope, the county’s warrant clerk, to run Herring’s name in the system to see if he had any active warrants for his arrest. After running…

DAVID FALLSBAUER’S RIGHTS UNDER THE FOURTH AMENDMENT WERE VIOLATED BY THE POLICE OFFICERS, BECAUSE WHEN FACED WITH AMBIGUITY REGARDING THE A THIRD PARTY’S CONSENT TO SEARCH THEY FAILED TO MAKE A FURTHER INQUIRY. BY DOING SO, THE OFFICERS VIOLATED DAVID’S RIGHT TO PRIVACY. The primary question before this Court is whether police officers must make a further inquiry when faced with an ambiguity regarding a third party’s consent to search. The Federal Circuit Courts of Appeals have taken…

The Fourth Amendment of the United States was passed in 1789 and was later ratified in 1791. The Fourth 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, (National Constitution Center –…

encroach more distant than the external attire. Despite the fact that police had since quite a while ago took after the act of stop and search, it was not until 1968 that the Supreme Court assessed it under the Fourth Amendment's assurance against preposterous hunts and seizures. Under Fourth Amendment case law, a protected Search and Seizure must be founded on Probable Cause. A stop and search were normally directed on the premise of sensible doubt, a to some degree bring down standard than…

search warrant can be of great benefit, there are times in which computer search warrants can be a little tricky than a physical warrant. In regards to the Fourth Amendment there are sensitive issues that involves an individuals protection that must be adhered to. With the popularity of using Digital Evidence, along with consider the Fourth Amendment, law enforcement might have to consider a new set of rules or standard operating procedures to regulate its use. A search…

ISSUE: Does Plaintiff have a legitimate expectation of privacy in a purse, not of his own, that the police demanded to be searched during the execution of a search warrant? HOLDING: No. The scope of the search warrant extends to the searching of the purse. A purse, is mobile and the search of the purse during the warrant execution was found lawful. FACTS: On October 18, 1976, six police officers with an arrest warrant entered the home of an individual by the name of Lawrence Marquess…

whom this applies to are the people who do not get permission or think about the legality of the actions of which they were about to do most of the things that are about to proceed are all helped with and proven through a legal standpoint by the fourth amendment of the U.S. Constitution. The searching of one’s book bag, purse, lunch box, duffle bag, etc. Without consent, legal warrant, and ore while they are far enough away and or away from it long enough for it fall in to legal standards as…

History has allowed for police officers to search an arrestee’s person and vehicle without a warrant under certain circumstances. However, under the Fourth Amendment, is it constitutional for police officers to search through electronic data and information instilled in a cellphone? A cellphone may contain evidence pertaining to crimes, but cellphones also hold an immense amount of personal information of not only the owner’s, but of other people as well. Riley v. California seeks to…