Nobody downloaded yet

Private Search and Seizure and the Fourth Amendment - Essay Example

Comments (0) Cite this document
This essay presents the fourth amendment provides individuals with protection from searches and seizures that may be deemed unreasonable. However, it is applicable when such searches and seizures have been carried out by state or federal officials or agents of the government…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.1% of users find it useful
Private Search and Seizure and the Fourth Amendment
Read TextPreview

Extract of sample "Private Search and Seizure and the Fourth Amendment"

Download file to see previous pages This discussion stresses that the Fourth Amendment applies to police as they are state officers. Nevertheless, the “automobile exception” allows police to conduct any immediate search on a vehicle without seeking a warrant as it would take a lot of time to find a warrant and the vehicle may have moved away from the jurisdiction. Thus, the supervisor of Mr. Yourprop may direct the police officers to search the vehicle parked in the parking lot as there is probable cause that it may be carrying digital evidence of the company’s intellectual property. As much as the car is currently immobile, it is “ready to move” and thus subject to the automobile exception. In His interpretation of Chambers v. Maroney, Justice Stevens held that all immediate searches conducted on vehicles by police officers without a warrant were justified and not in violation of the Fourth Amendment as long as the police officers have probable cause to believe that the vehicle in question is carrying contraband.
From this paper it is clear that it may be carrying evidence of a criminal offense. This aspect of a reasonable expectation of privacy when it comes to vehicles is diluted by the regulation, use, and configuration of the vehicle. In the case Carroll v. United States, it was held by the Court that the expectation of privacy is lesser in motor vehicles due to their functions in transportation and it rarely serves as an individual’s personal effects’ repository or their residence. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Private Search and Seizure and the Fourth Amendment Essay”, n.d.)
Retrieved from
(Private Search and Seizure and the Fourth Amendment Essay)
“Private Search and Seizure and the Fourth Amendment Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Private Search and Seizure and the Fourth Amendment

Magnetic Geophysical Method

12 Pages(3000 words)Essay

Fourth amendment: Searches and seizures

...of the Amendment expressed that “where practical, a governmental search and seizure should represent both the efforts of the officer to gather evidence of wrongful acts and the judgment of the magistrate that the collected evidence is sufficient to justify invasion of a citizen's private premises or conversation. Thus, what is ''reasonable'' in terms of a search and seizure derives content and meaning through reference to the warrant clause.”19 In 1970s, the magistrates were divided in their interpretation on this matter because share the purview that warrantless search as in its face unreasonable except on some cases...
20 Pages(5000 words)Research Paper

Fourth Amendment

...? Fourth Amendment The two basic clauses of the Fourth Amendment of the United s constitution provide that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated 2. 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. (Levy 1995, p. 162) The fourth amendment was adopted in response to the tendencies of police officers to abuse their search and seizure responsibilities during the colonial period. The enactment of the fourth amendment guarantees to every citizen “the security of privacy against arbitrary intrusion... by the...
4 Pages(1000 words)Research Paper

The Fourth Amendment / Search and Seziure

...? The Fourth Amendment/ Search and Seizure The Fourth Amendment Introduction The fourth amendment to the Constitution of United States involves the section of the Bill of Rights that protects the citizens from unfair searches and seizures. The provisions of the amendment require the judicial authorities’ warrant for the police officials or authorities to search over a personal property. This amendment was introduced to prevent the officials from the misuse of writ of assistance, a type of general search...
4 Pages(1000 words)Research Paper

Search and Seizure

..., when a suspected person does not hold a ‘reasonable expectation of privacy’ to his private property that is usually respected in comparable cases, search operations does not fall under Fourth Amendment provisions, and consequently does not require a warrant. (Barry, 1998, p.122) References: Barry, Donald D., and Howard R. Whitcomb, (1998), The legal foundations of public administration (Lanham, Md: Rowman & Littlefield Publishers), 122. Search and Seizure, Legal Dictionary, retrieved from Search+and+Seizure> on 9th August, 2011. Amsterdam, Anthony G. (1974). "Perspectives on the Fourth Amendment". Minnesota Law Review 58: 349. Davies, Thomas Y. (1999). "Recovering the Original Fourth Amendment". Michigan Law Review 98 (3): 547–750.... . The police have the...
3 Pages(750 words)Essay


...a telephone booth, shuts the door, and makes a call, the government can not record what that person says on the phone without a warrant.” This is because with the glass door shut, Katz was reasonably prevailed to maximum privacy. The government however violated the privacy and Katz and recorded his conversation. In this case and as enshrined in the laws of the land, when law enforcement officers such as the policy, security agency or intelligence unit violate a citizen’s privacy under the Fourth Amendment, and a search or seizure is judged as unlawful, “any evidence derived from that search or seizure will almost certainly be kept out of...
5 Pages(1250 words)Research Paper

Search and Seizure

...cannot just decide to go into the bedroom, open the secured drawer and read the diary. Many situations cause debate regarding individuals’ reasonable expectations. For instance, whether individuals should rationally expect a law enforcement official to search their pockets in order to determine if they are in possession of guns, whether individuals should reasonably expect a law enforcement official not to intercept and read their emails, or to peer into the windows of their houses, among others. The Fourth Amendment forbids law enforcement officials from carrying out ‘unreasonable searches and seizures.’ It is important to note that individuals’...
3 Pages(750 words)Admission/Application Essay

Fourth amendment

... The Fourth Amendment was enacted to address issues that were very eminent during the colonial America and these issues involved the issuanceof searches without a cause or a warrant of arrest. The Fourth Amendment was meant to safeguard an individual from privacy violations in the form of seizures and searches of their properties. Since its enactment, rules have been made regarding the amendment and the most important rule is the warrant rule. Fourth Amendment History of the Fourth Amendment The Fourth Amendment is a change that was made to the constitution of the United Sates of America and specifically relates to the bill of rights. The origin of the amendment can be traced to the efforts by the Americans to suppress disputes... the...
4 Pages(1000 words)Research Paper

Search and Seizure

...these are considered independent or stand alone and not part of the government. Particularity of description employs that the search warrant should be specific in indicating the persons, location, objects and time allowed during the search and seizure in order to prevent illegal investigation. These specifics are required by the Fourth Amendment to prevent the government from searching more evidence than what is necessary in the case. An example of these legal justifications is (ILLINIOS, Petitioner v. Lance GATES et ux.) “On May 3, 1978, the Police Department of Bloomingdale, Ill., received an anonymous letter which included statements...
5 Pages(1250 words)Term Paper

The Fourth Amendment, Search and Seizure

...Search and Seizure The Fourth Amendment accords people the right against search and seizure that is unreasonable. The security against these unreasonable seizures and searches extends to people’s effects, houses and persons. Violation of this right requires a warrant that issued only with probable cause that requires the support of an affirmation or an oath. The amendment requires such a warrant to articulate the persons intended for searching and the items targeted for seizure. The provisions of this amendment imply the expectation of...
4 Pages(1000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Private Search and Seizure and the Fourth Amendment for FREE!

Contact Us