Interpreting The Fourth Amendment: Seizures And Searches
A critical point to be noted is that the Fourth Amendment only applies to government action, which includes deputized individuals or those acting at the direction/behest of law enforcement. Additionally, the Fourth Amendment requires not only an actual expectation of privacy, but also, a societally recognized, reasonable expectation of privacy in the place or area searched.
The Fourth Amendment has been interpreted to: require that searches and seizures be reasonable; and prohibit warrants except those issued upon probable cause. However, as with any rule, there are exceptions. The exceptions to the warrant requirement will be discussed below.
In interpreting the Fourth Amendment, the courts have balanced the individual's right with what is good for the rest of society. Fourth Amendment rights are therefore not absolute.
Seizures and Searches …show more content…
A search is a careful look through property or over a person's body. A search warrant is a court order giving police the power to search a person or to enter a building to search for and to seize items related to a crime.
Warrant A warrant is a legal document authorizing a search and seizure. A warrant is obtained from a judge or magistrate, who must be given sworn statements about the reasons for the search and seizure. The warrant must specify where the search will occur and what will be seized. The legal standard for issuing a search warrant is probable cause, which is a reasonable belief known personally or through reliable sources, that a specific person has committed a crime.
Establishing the Validity of a Search Warrant
The issuance of a search warrant requires: probable cause; a statement identifying with particularity the places to be searched and the items to be seized; and issuance by a neutral and detached
The Fourth Amendment has been interpreted to: require that searches and seizures be reasonable; and prohibit warrants except those issued upon probable cause. However, as with any rule, there are exceptions. The exceptions to the warrant requirement will be discussed below.
In interpreting the Fourth Amendment, the courts have balanced the individual's right with what is good for the rest of society. Fourth Amendment rights are therefore not absolute.
Seizures and Searches …show more content…
A search is a careful look through property or over a person's body. A search warrant is a court order giving police the power to search a person or to enter a building to search for and to seize items related to a crime.
Warrant A warrant is a legal document authorizing a search and seizure. A warrant is obtained from a judge or magistrate, who must be given sworn statements about the reasons for the search and seizure. The warrant must specify where the search will occur and what will be seized. The legal standard for issuing a search warrant is probable cause, which is a reasonable belief known personally or through reliable sources, that a specific person has committed a crime.
Establishing the Validity of a Search Warrant
The issuance of a search warrant requires: probable cause; a statement identifying with particularity the places to be searched and the items to be seized; and issuance by a neutral and detached