Features and Exceptions to Fourth Amendment

   

Added on  2021-04-16

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Running head: FEATURES AND EXCEPTIONS TO FOURTH AMENDMENTFeatures and Exceptions to Fourth AmendmentName of the Student:Name of the University:Author Note:
Features and Exceptions to Fourth Amendment_1
1FEATURES AND EXCEPTIONS TO FOURTH AMENDMENTThis document will provide a brief summary of Fourth Amendment and list its exceptions. Athorough revision of fourth amendment will be provided in the next passage. US constitutions fourth amendment states that the right of people will be secured in theirhouses, papers, effects and persons against searches and seizures that are unreasonable. Privacywill not be violated and no warrants will be issued against that person ("Fourth Amendment", 2018).However, if there is a written affirmation or oath describing about the place, which is to be searched.Then the person can be frisked or his/her belongings can be searched or seized with immediateeffect. This following passage will talk about six exceptions relating to warrant requirement. In the case of a search scenario to lawful arrest, police does not require to produce warrants.It means that when someone is lawfully arrested, his/her immediate surrounding can be searched.Here immediate surrounding means wingspan of the person. It is justified since police safety needs tobe ensured and the evidence can be destroyed. There is no need for police to show warrant whenthey are seizing items in plain view. This is an exception related to plain view (Gray, 2016). It isjustified since an officer cannot illegally enter backyard of a suspect to seize an item, which is in plainview. The third exception relates to consent. If a person believed by an officer to search someonegives consent, then there is no need to produce warrant. The fourth exception relates to frisking.Police without the issuance of a warrant can stop and frisk a suspect when there is suspicion. The fifthpoint relates to exception for automobiles. A vehicle can be stopped and searched by an officer. Therationale behind this is based on suspicion that the vehicle might contain evidence of a crime. Thesixth point relates to exception about emergencies. Any evidence can be destroyed before issuanceof a warrant and so for this exception, evidence can be seized without the need to produce a warrant. The fourth amendment was crafted to protect people’s right to freedom and privacy againstunwanted intrusions from the government. Conclusion that can be derived is that it does not fullyguarantee immunity from all kind of searches.
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