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Private Search and Seizure and the Fourth Amendment - Essay Example

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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…
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Private Search and Seizure and the Fourth Amendment
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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
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