The Fourth Amendment Of The U.s. Constitution - 1332 Words

The Fourth Amendment of the U.S. Constitution provides, [t]he 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 ultimate goal of this provision is to protect people’s right to privacy and freedom from arbitrary governmental intrusions. The Supreme Court has interpreted the Fourth Amendment to allow for a number of exceptions to this requirement where there are exigent circumstances. What are the warrant exceptions the Court has permitted? The first exception†¦show more content†¦However, in Riley v. California (2014), the Supreme Court ruled unanimously that police must obtain a warrant to search an arrestee s cellular phone. The Court said that earlier Supreme Court decisions permitting searches incident to an arrest without a warrant do not apply to modern cellphones, which are now such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy, the court also noted that citizens cellphones today typically contain a digital record of nearly every aspect of their lives — from the mundane to the intimate. In Arizona v. Gant (2009), the Court ruled that a law enforcement officer needs a warrant before searching a motor vehicle after an arrest of an occupant of that vehicle, unless 1) at the time of the search the person being arrested is unsecured and within reaching distance of the passenger compartment of the vehic le or 2) police officers have reason to believe that evidence for the crime for which the person is being arrested will be found in the vehicle. With the holding Terry v. Ohio (1968), The Court allowed police to frisk suspects for weapons if the officer had a reasonable suspicion for stopping the suspect and if the officer was concerned for his safety. The second exception to the warrant requirement is if the police think evidence will disappear if they don’t act quickly. WhenShow MoreRelatedImagine You Are On A Family Road Trip You Drive Through1403 Words   |  6 Pagessearched, and the persons or things to be seized. (U.S. Constitution - Amendment 4 - The U.S. Constitution Online - USConstitution.net, 2017) The constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, is not guarantee against all searches and seizures, only those are deemed unreasonable under the law. (What Does the Fourth Amendment Mean?, 2017) The Fourth Amendment requires that in order for any government officialRead MoreThe Bill Of Rights And The Amendment Of The Constitution962 Words   |  4 Pagesbe disgraced for it (Bodenhamer, 1993). The first ten amendments to the constitution of the United States established basic American civil liberties (Schweikart, 2004). T he Bill of rights and the amendments of the constitution were written about the same time by the same people. The Bill of Rights and amendments both focused on limitation of state tyranny. The Bill of rights has been used for defining civil liberties in their own constitution (Bill of Rights, 2015). The Bill of rights is a documentRead MoreThe Bill of Rights: The Most Important Documents in American History1579 Words   |  6 Pagesthe inclusion of a Bill of Rights into the Constitution, Congress did not approve the inclusion of twelve Amendments, or Twelve Articles, until September 25, 1789 (History of the Bill of Rights, 2012). While the first two amendments were rejected, the first ten Amendments of the Constitution make of the United States Bill of Rights. The Bill of Rights was formally ratified on December 15, 1791 (Independence Hall Association, 2012). The First Amendment protects an individuals freedom of speechRead MoreThe Bill Of Rights Of The United States Constitution Essay1359 Words   |  6 PagesThe Bill of Rights contains the first ten amendments to the United States Constitution. These first ten amendments were ratified on December 15, 1791. The Bill of Rights define and interpret constitutional rights and protections that are guaranteed under the US Constitution. The following text is a transcription of the first ten amendments to the Constitution in their original form. â€Å"Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exerciseRead MoreSupreme Court Decisions Essay820 Words   |  4 PagesChapter 4 10/16/2011 The Fourth Amendment to the U.S. Constitution states â€Å"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 (Fourth Amendment). The text of the Fourth Amendment does not define exactly what â€Å"unreasonableRead MoreThe Rights Of The American Revolution1015 Words   |  5 Pagesnot exist. (Levy, 1999). The Bill of Rights was introduced and ratified in 1791, it contains the first ten amendments to the United States Constitution. The Bill of Rights define and interpret constitutional rights and protections that are guaranteed under the US Constitution. The Fourth Amendment to the Constitution addresses search and seizure statues, it states ... â€Å"Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searchesRead MoreThe Rights Of The Citizens Of A Country973 Words   |  4 PagesCongress shall never do. These limitations serve to protect freedoms of religion and speech, a free press, free assembly, and free association, and the right to keep and bear arms. The U.S Bill of Rights is a document that officially became part of the constitution in 1791, consisting of the Constitution’s first ten amendments. It is the embodiment of the one true revolutionary idea in all history, and played a major role in laying the framework for rights as citizens of America. It was written by JamesRead MoreIs That The Smell of Evidence Being Destroyed? Essay922 Words   |  4 Pagesprobable cause to believe drugs may be in a home. The U.S. Supreme Court has ruled that when the police think they smell marijuana coupled with the sounds of what they believe could be the destruction of evidence, is reason enough for them to gain forced entry into a home without a search warrant while claiming probable cause and exigent circumstances. Overturning a ruling by the Kentucky Supreme Court in Kentucky v. King, No. 09–1272 (2011), the U.S. Supreme Court ruled that the police had the rightRead MoreV. Ohio : Illegal Search And Seizure1144 Words   |  5 Pagesthat all evidence obtained in violation of the Fourth Amendment, could not be held against you in court (Landmark Cases of the U.S. Supreme Court, 2015). The exclusionary rule and selective incorporation were applied to this case. The ?exclusionary rule? which prevents the government from using most evidence gathered in violation of the United States Constitution along with selective incorporation which is how the rights out lined in the Constitution apply to the states and the courts must acknowledgeRead MoreCriminal Justice and Leading U.S. Supreme Court Cases, Annotated Bibliography1035 Words   |  5 PagesAnnotated Bibliography Champion, D.J. (2009). Leading U.S. supreme court cases in criminal justice: Briefs and key terms. Upper Saddle river, NJ: Prentice Hall. Leading U.S. supreme court cases in criminal justice: Briefs and key terms is a source reference with respect to criminal law, constitutional law, and criminal procedure. The major focus of this book includes explained mandates of over 1000 U.S. Supreme Court cases and this book details key terms and definitions. Grant, H.B. and Terry,