Search and Seizures - Essay Example

In Mapp V Ohio,2 the court held that this constitutional duty applies against both the state and the Federal government. It does this by prohibiting unreasonable searches and seizures from being conducted by federal and state law enforcement agencies. A search is an infringement of the right to privacy while seizures interfere with the possessory rights of the individuals, including right to property ownership. The Fourth Amendment permits reasonable searches and seizures. For a search to be legally carried out, it is subject to the proviso that a search warrant has to be issued by a judge.

An application for search warrant has to be supported by an oath or affirmation, and to specifically state the place to be searched or the things or persons to be seized. For the judge to issue a search warrant, he must satisfy himself that there is a probable cause, that is, reasonable cause to believe that the law enforcement agencies can find evidence of commission of a crime. Nevertheless, such a search has to be individualized, targeting individuals and not generalized. There are exemptions for the warrant requirements as far as entry into private residences by police is concerned.

To begin with, if the owner of the residence consents, such entry shall not be illegal under the fourth amendment because of absence of a warrant. However, such warrant must be given voluntarily, and be unequivocal and specific. Consequently, consent obtained by duress or coercion fails this criterion. The person who gives the consent has to be the owner of the residence. Similarly, a third party can give the consent for the law enforcement agencies to search a house or premises subject to the proviso that they own or lawfully occupy such premises.

In Georgia v. Randolph,3 the court held that where the residents are two and both are present, if one of them objects to consent while the other consents, the objection by one of them shall override the consent. To add, an officer can enter a private house or residence without warrant, in times of emergency. The search however shall be subject to the existence of exigent circumstances and the law enforcers must have a probable cause. Such a circumstance shall exist where a law enforcement agent needs to take a compelling action but lacks the required time to acquire a warrant.

In Mincey V Arizona,4 the court stated that, “we hold a reasonable, and warrantless search of the scene of a homicide, or of a serious personal injury with likelihood of death where there is reason to suspect foul play-does not violate the fourth amendment of the United States Constitution where the law enforcement officers were illegally on the premises in the first instance…” Nevertheless, for such a search to be reasonable within the Fourth Amendment it has to be limited to the purpose of only determining the circumstances of death and the scope must never exceed what is necessary to fulfill that purpose.

In addition, it must commence within reasonable period following the time when the officials learn of the murder. Evidence obtained in violation of the Fourth Amendm