Investigating crime necessitates a deeper comprehension of how the facets of criminal should be applied. Lawful requirements are extorted from the government constitutions, federal, legislative and judicial decrees. Nonetheless, there has been confusion in the area of crime searches and seizures and the condition in which seizure and search warrants are obtained. For instance, experienced law enforcers are sometimes not aware that there exists no exception to murder scene. These law enforcers forget that in cases where practical exception of privacy is present, a warrant must be obtained. This paper explores the effect that the Fourth Amendment and the exceptions to search warrants have had on Law Enforcement. The Fourth Amendment protects illogical seizure and search and requires that a warrant be produced together with a feasible cause. The paper begins by briefly analyzing the Fourth Amendment requirements of search and seizure and the exceptions to this particular rule. Major Supreme Court rulings are also discussed in this paper.
The Fourth Amendment state that, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched and the person or things to be seized” (Hoover, 2006). Initially, The Fourth Amendment was only planned to be relevant to the central government. This law was supposed to only apply to those areas of the United State’s Bill of Rights perceived as significant to basis justice and organized autonomy.
The Fourth Amendment permits the search and seizure warrants except in those situations where there is enough reason and evidence that allows exception of warrants and is acknowledged by the United State Supreme Court. Murder scenes and crimes have no separate exceptions. However, exception to this rule comes into play in situations where circumstances are demanding. This exception concerning exigent circumstances was established by the United States Supreme Court and applies to particular cases just like other exceptions (Hoover, 2006). Law enforcers can only perform a search and seizure without warrant founded on the condition that there exists a danger to safety or life. This circumstance is sometimes known as emergency situation policy where danger of evidence being modified or subjects escaping exists. Search and seizure without warrant must be lawfully accounted for. For instance, in the case of Warden v. Hayden, 387 U.S. 294 (1967) which entailed a search and seizure was founded on information offered by two cab drivers who claimed that they had witnessed a robber carrying weapons running into a house. Nevertheless, feasible cause in emergency cases must not necessarily be included in the scrutiny. Another instance can be illustrated based on the case of Wayne v. U.S. 318 F 2nd 205 (1963), which entailed a warrantless search and seizure by law enforcers who entered into an apartment after receiving an emergency call stating a possible death caused by an attempted instance of abortion (Decker, …
Posted by: Jaunita Naylor