4th Amendment Case Study

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The Fourth Amendment gives people the right to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures and that no warrant can be issued without probable cause (Constitution Center). Selective incorporations gives the courts the rights to make universal rules about the 4th amendment defining what search and seizure mean. The court case Smith v. Maryland identified when a search warrant is needed and that there has been an understanding of when a search warrant is justified. In 1967, the idea of an expectation of privacy was presented, with the case Katz v. United States in which the judges emphasize that the amendment applies to the people, not to the circumstance or environment, explaining why Katz won the suit (Oyez). As search warrant are a major …show more content…
Other exceptions include consent searches and plain view searches. To determine the validity of the defendants claims, a pretrial hearing called Motion of Suppress is called (LII). If the evidence is found to be in violation of the fourth amendment, the exclusionary rule is applied. As shown by the case Weeks v. United States, the exclusionary rule dismisses any evidence gathered in an illegal search. However courts have also established exceptions to the exclusionary rule such as the good faith exception, where an officer acting in good faith performs a search while under the false impression that a warrant has been issued, demonstrated in U.S v Leon. Over the years, the probable cause has been interpreted many different ways. One addition is the use of k-9 dogs. The case United States v. Place ruled that a K-9 sniff in a public place is not search because a dog can sniff out smells without having to look through or search a person's possessions. Probable cause by K-9 can be used in airports, schools and anywhere that is public

4th Amendment Case Study

AUTHORITIES STANDARD OF REVIEW The Fourth Amendment protects the right of citizens from unreasonable search and seizures. (People v. Williams (1999) 20 Cal.4th 125.) A defendant may move to suppress as evidence any tangible or intangible thing obtained as a result of an unreasonable search and seizure without a warrant. (Penal Code §1538.5(a)(1)(A).) As such, the prosecution has the burden of justifying a warrantless search and seizure. (Williams, supra, 20 Cal.4th at 119; see also Wilder v. Superior Court…

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4th Amendment Case Study

Under the Fourth Amendment of the U.S Constitution, it protects anyone from unreasonable government searches and seizures which this can be expanded to the protection to your computer and cell-phones. Probable Cause causes a problem with the Fourth Amendment, since it gives the policeman a probable cause to search you if they suspect you may be in possession of anything that can be against the law. Luke Duke argues that he was violated of his rights under the constitution, where Sheriff Rosco P…

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4th Amendment Case Study

Whether our new client, Mr. Jonathan Blake, can use the Fourth Amendment of the U.S. Constitution for his defense. On Sunday, February 6, 2011, our client, Mr. Jonathan Blake, attended the Smith’s house located at 3630 16th St. NW, Washington DC, 20015. Mr. Blake and two other guests were at home to watch the Super Bowl. Metropolitan police officers responded to a call from a neighbor in regards to a noise complaint. When officers arrived on the scene, they observed Mr. Blake and his friends…

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Around 60 years ago in 1968, the US Supreme Court validated, in the case Terry v. Ohio, that law enforcement had the right to pat down a suspects outer clothing for illegal items as long as the officer had reasonable suspicions to do so. At the time, it was unlikely that the Supreme Court would have predicted how widespread, popular, and controversial this decision would be (Meares). The decision led to what is now known as the stop, question, and frisk policy (SQF), which is a practice employed…

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