A Detailed Analysis of the Fourth Amendment's Features and Exceptions

This assignment explores the Fourth Amendment of the U.S. Constitution, focusing on its protection of individuals' rights against unreasonable searches and seizures. It begins by summarizing the amendment's core principle and then delves into specific exceptions to the warrant requirement. The as...Read More

Running head: FEATURES AND EXCEPTIONS TO FOURTH AMENDMENT
Features and Exceptions to Fourth Amendment
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1FEATURES AND EXCEPTIONS TO FOURTH AMENDMENT
This document will provide a brief summary of Fourth Amendment and list its exceptions. A
thorough 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 their
houses, papers, effects and persons against searches and seizures that are unreasonable. Privacy
will 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 immediate
effect. 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 to
be ensured and the evidence can be destroyed. There is no need for police to show warrant when
they are seizing items in plain view. This is an exception related to plain view (Gray, 2016). It is
justified since an officer cannot illegally enter backyard of a suspect to seize an item, which is in plain
view. The third exception relates to consent. If a person believed by an officer to search someone
gives 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 fifth
point relates to exception for automobiles. A vehicle can be stopped and searched by an officer. The
rationale behind this is based on suspicion that the vehicle might contain evidence of a crime. The
sixth point relates to exception about emergencies. Any evidence can be destroyed before issuance
of 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 against
unwanted intrusions from the government. Conclusion that can be derived is that it does not fully
guarantee immunity from all kind of searches.

2FEATURES AND EXCEPTIONS TO FOURTH AMENDMENT
References:
Fourth Amendment. (2018). LII / Legal Information Institute. Retrieved 23 March 2018, from
https://www.law.cornell.edu/wex/fourth_amendment
Gray, D. (2016). Fourth Amendment Remedies as Rights: The Warrant Requirement. BUL Rev., 96,
425.

3FEATURES AND EXCEPTIONS TO FOURTH AMENDMENT