When It Comes To The Fourth Amendment And Searching A...

When it comes to the Fourth Amendment and searching a person’s car or their person, there are a few factors to take into consideration. In order for an officer to search an individual’s car, they must have consent, otherwise the search is unreasonable and whatever evidence seized could be inadmissible in the court of law. However, it is possible to conduct a search without consent and seize evidence without a warrant but there ought to be probable cause or reasonable suspicion. The two differ in the sense that reasonable suspicion is based off past experiences and expertise. Probable cause is needed for a search to take place; conversely if there is no probable cause but an officer has enough reasonable suspicion, they still are allowed to†¦show more content†¦On the other hand, in Minnesota v. Dickerson (1993), if an officer can readily identify an object from a pat down, they can use their discretion and experience and retrieve it if they know it to be true. If they are unsure and take it, whatever was seized is inadmissible in court. In legal terms, this is known as the plain feel doctrine. This allows a police officer to seize objects during a legitimate pat-down search if by plain feel he reasonably believes it to be contraband. Just because the plain feel doctrine has been established does not granted officers the right to touch, it simply permits an officer to interpret tactile sensations to identify an object during a pat down (Poulin, 1997 pg. 23). There is a strong correlation between the Fourth Amendment and racial profiling. I asked a police officer what they believed was the main reason for a lawsuit against an officer and they said violations in regards to the Fourth Amendment followed by failure to act. Take the United States v. Brignoni-Ponce case for instance. A police officer pulled over a drive that looked to be Mexican because he believed them to be an illegal immigrant. The problem was that officers were roving the border and stopping individuals for no reason other than to see if they were illegal immigrants. The Fourth Amendment held that a patrolman is prohibited to crowd the Mexican border just to stop andShow MoreRelatedU.s. Supreme Court And The Fourth Amendment1564 Words   |  7 PagesThe U.S. Supreme Court and the Fourth Amendment Since the founding of the American Democracy, partisanship has always been a major problem when it comes to political aspects of the law. The Constitution was designed to implement laws into our country that would make our governing body run smoother with fewer conflicts. However, when dealing with Democracy based on the â€Å"people’s word† it is hard to avoid such conflicts. Since each citizen in our country has the right to freedom of speech and thoughtRead MoreThe Fourth Amendment Act Of The United States1378 Words   |  6 PagesIntroduction: The Fourth Amendment to the U.S. Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. In the landmark cases below, the cases went to court because the defendant accused law enforcement of violating their Fourth Amendment Rights. Under the Constitution the Fourth Amendment protects officers of unreasonable search and seizures. Officials as public schoolsRead MoreOver The Past Decades The Fourth Amendment Of The United1586 Words   |  7 Pages Over the past decades The Fourth Amendment of the United States Constitution has been very controversial. 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Probable cause is more than a reasonable suspicion it requires that a combination of facts makes it more likely than not that items sought are where police believe them toRead MoreStudent Rights Under The Law1375 Words   |  6 PagesStudent rights under the law are viewed differently when it comes to searching students in the education system. At one time all educational systems acted as a temporary parent over the students. Currently, students in K-12 education system and students in institutions of higher education are viewed differently under the law. In 1995 New Jersey v. T.L.O, two high school students were found smoking in the bathroom at school. One girl admitted to smoking but the other one denied it. 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Before his trial he attempted to remove all incriminating evidence from his cell phone. Riley argued against the police evidence stating that the searches of his cell phone were a violation of the Fourth Amendment. Under the Fourth Amendment people should be free from unreasonable searches unless probable cause is found. He believed the police’s lack of a warrant before conducting their searches was a valid defense for the charges against him. Riley’s claim was strickenRead MoreThe Fourth Amendment And Fifth Amendment1585 Words   |  7 PagesThe three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. The Fourth Amendment protects the right of people to be se cure in their persons, papers, and effects, against unreasonable searches and seizures. (Peak, 2015, p.181). The Fifth Amendment protects the accused against self-incrimination, double jeopardy, and life, liberty, and property. Meaning no person will be forced to be a witness against themselves, they cannot