Search warrant

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…

Yet unlike the rest of the Bill of Rights, the Fourth Amendment can be traced precisely to three cases from the 1760s (Search and Seizure: Origins, Text, And History). Two of which were decided in England and the last in the colonies, all three cases sparked strong reactions of the public (Search and Seizure: Origins, Text, And History). The first two cases were held in England and were treated as a pair. Both Wilkes v. Wood, 19 Howell’s States Trials 1153(C…

Unreasonable search and seizure are important. Unreasonable search and seizure is a serious problem in this country because some police officers will search teenagers without a probable cause. The reason some police officers will search teenagers because they think they can, or they do not fully understand the Amendment to search and seize. This happens all over the United States and is a big problem. The right to know unreasonable search and seizure is a fundamental part of the Constitution…

it is important that there is substantial evidence to reach a verdict. For the prosecution to obtain such evidence, they must perform a search and seizure. The Fourth Amendment protects citizens from unreasonable and unlawful search and seizures. It states that people have the right to secure their person and property from search and seizure without a warrant. This amendment came to be after British officials had the power to enter homes freely because of the writs of assistance. The founding…

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. The vehicle involved was spotted by a witness in Brierley’s…

authorizes that warrants be given by neutral magistrates based on facts given under oath or affirmation. The Judge has to review the affidavits and decide whether the facts determine probable cause to issue the warrant. Also, the judge needs to know why the facts in the affidavit is trustworthy. Search warrants have to be established on hard facts. Locations that are searched must be described in a lot of detail so law enforcement will not needlessly invade privacy. When giving a warrant at a…

Respondent: Alberto Leon Police officers monitored the drug activities of Leon. A search warrant had been issued upon the monitoring of the activities. A lot of drugs were confiscated. Leon was charged with violating the federal drug trafficking laws, during trial the court granted Leon’s suppression for motion because the officers didn’t properly issue the warrant on probable cause. The court found that the warrant contained false information which limited corroboration by the officers. The…

by Saranac Hale Spencer, which was published 7 March, entitled “Rules May Change for Digital Search Warrants,” Spencer discusses the Delaware Supreme Court decision to require more specific search and seizure warrants for electronic devices. In 2015, Christopher Wheeler, a former Tower Hill headmaster, was sentenced to 50 years in prison for 25 counts of dealing in child pornography. However, the warrants used to obtain the information were so broad he was able to appeal and is now going to be…

steps and processes that must be followed. One big part of the process includes searches and seizures. What in particular has to be noted when it comes to searches are the principles behind illegal searches, what can constitute a legal and illegal search, and when the lines can be blurred between the two. Searches are necessary to gather evidence. They play big roles in any investigation, but they must be conducted correctly. If not, than the evidence cannot be used. First, to be covered is the…

The Fourth Amendment is “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.” The goal of this amendment is to protect people’s privacy. The Fourth Amendment protects the people from unreasonable searches and seizures…