The Fourth Amendment
Also known as the Search and Seizure clause, the Fourth Amendment of the U.S Constitution, one of the original ten in the Bill of Rights, focuses primarily on the right for a citizen to be safe as themselves and in their home. The Fourth Amendment protects the American citizen from search and seizure, forcing police and officials to acquire a warrant before searching and seizing property, unless in times of emergency, or if the police are in pursuit of a criminal.
The process of aquiring a warrant is not difficult, but prevents unlawful arrest. The obtain a warrant, a police officer or a government official must compile enough evidence to present a case to a judge. Not much evidence is needed to do so, just enough to give probable cause. The person or thing being searched for must be given in the report, and if the judge decides the case is good, a warrent is issued, and the police have the ability to search private property, or search/arrest the person thought to be guilty.
The police have a certain incentive to obtain a warrant, as any evidence gained illegally without a warrant is considered unuseable in court, and is thrown away. However, there are some exceptions to this rule.
The Plain View Doctrine says that any officer may seize property in plain sight. Of course, it must be part of a crime for it to be seized
The Open Fields Doctrine says that the police do not need to acquire a warrant to search anywhere outdoors.
Exigent Circumstances, mentioned before, basically means that if there is an emergency, a warrant is not needed
Motor Vehicile Exceptions, clearly means that there is no need for a warrant to search vehicles. Vehicles cannot be stopped on the road without a reason, however.
If a crime occurs, the area in the direct vicinity of where the crime happened can be searched freely
Searches conducted at U.S borders and international airports are allowed to happen to anyone at anytime
Other exceptions that can be searched without a warrant are government employees, prisoners, students and their property on school grounds, and work-related emails, messages, etc, are allowed to be searched by employers
One of the most inhibiting factors of the Fourth Amendment against law enforcement is that any evidence obtained illegally is not allowed to be used in court. There are some exceptions to this rule, such as...
Evidence gathered in without the officer knowing it's illegal (in "good faith")
The grand jury uses the evidence
At tax hearings
Obtained illegally outside U.S
Probabation or Parole revoction hearings
When private citizen or person seized the evidence and turned it in
When illegal evidecne used to impeach defendent's testimony
Deportion hearings
The process of aquiring a warrant is not difficult, but prevents unlawful arrest. The obtain a warrant, a police officer or a government official must compile enough evidence to present a case to a judge. Not much evidence is needed to do so, just enough to give probable cause. The person or thing being searched for must be given in the report, and if the judge decides the case is good, a warrent is issued, and the police have the ability to search private property, or search/arrest the person thought to be guilty.
The police have a certain incentive to obtain a warrant, as any evidence gained illegally without a warrant is considered unuseable in court, and is thrown away. However, there are some exceptions to this rule.
The Plain View Doctrine says that any officer may seize property in plain sight. Of course, it must be part of a crime for it to be seized
The Open Fields Doctrine says that the police do not need to acquire a warrant to search anywhere outdoors.
Exigent Circumstances, mentioned before, basically means that if there is an emergency, a warrant is not needed
Motor Vehicile Exceptions, clearly means that there is no need for a warrant to search vehicles. Vehicles cannot be stopped on the road without a reason, however.
If a crime occurs, the area in the direct vicinity of where the crime happened can be searched freely
Searches conducted at U.S borders and international airports are allowed to happen to anyone at anytime
Other exceptions that can be searched without a warrant are government employees, prisoners, students and their property on school grounds, and work-related emails, messages, etc, are allowed to be searched by employers
One of the most inhibiting factors of the Fourth Amendment against law enforcement is that any evidence obtained illegally is not allowed to be used in court. There are some exceptions to this rule, such as...
Evidence gathered in without the officer knowing it's illegal (in "good faith")
The grand jury uses the evidence
At tax hearings
Obtained illegally outside U.S
Probabation or Parole revoction hearings
When private citizen or person seized the evidence and turned it in
When illegal evidecne used to impeach defendent's testimony
Deportion hearings