Criminal Justice 101

The plain view doctrine is an exception to the search warrant requirements that allows police officers to seize evidence, without a search warrant, that they recognize as contraband or used in a criminal activity that is seen in plain view without having to enter the property or perform a search. In addition, a corollary to the plain sight doctrine is the plain smell doctrine, that allows if an officer smells evidence (e.g. marijuana), the officer meets the probable cause requirement to initiate a warrantless search (Lemons, n.d.). For example, an officer pulls over to assist a stranded motorist and observes in the front console of the vehicle a large bag of pills. This meets the probable cause requirement for the officer to perform a search of the vehicle.

Third, the area to be searched and any item to be seized must be described with particularity (Hall, 2016.) There must be very specific information to obtain a search warrant. A warrant that authorizes a police officer to search a particular home for “unauthorized contraband” violates the Fourth Amendment (Hall, 2016.) A warrant authorizing a search of the same home is valid, provided the warrant is valid in all other respects (Hall, 2016.) The items seized must be very specific and usable items to convict the criminal of his or her actions within the act.

When it comes to Search and Seizure, allot of people think that law enforcement should not be allowed to search or seize property. I have heard many arguments against this subject, people stating that law enforcement officers go too far or have no right to search someone’s property such as their vehicle. 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 to be. In addition to establishing probable cause for a search, a warrant must contain the reasons for obtaining it, the names of people presenting the affidavits, what is specifically being sought and the signature of the judge issuing it.

It is vital for law enforcement to determine whether a search warrant, arrest warrant, or both is needed. When an arrest is to take place within a dwelling where reasonable privacy is expected, law enforcement must determine whether or not the prospective arrestee lives there. If the person to be arrested lives there, only an arrest warrant is needed. If the dwelling belongs to a third party, an arrest warrant and a search warrant is necessary. In order to comply with the Fourth Amendment’s protection of privacy, police must secure the appropriate warrant(s) and knock and announce their presence.

An example could be a suspect’s significant other giving police a spare key to his home, and the police believe that the significant other lives there too the search does not violate the suspects 4th Amendment. The fourth being a stop and frisk, due to an officer’s reasonable suspicion of a criminal act. If police believe that the suspect maybe armed and dangerous they can frisk the suspect to prevent them from being put into any type of dangerous situations. The fifth being an automobile exception, a warrant is not required to search the vehicle if police have probable cause of evidence relating to a crime, assistance to a crime, or contraband. Although it’s called an automobile exception it also includes boats as well. The last being an emergency or hot pursuit, this is very similar to the automobile exception. Evidence can be moved or destroyed before a warrant can be issued, granting permission to seize evidence without a warrant. Also, if a suspect enters private property while being pursued there is no warrant needed to enter that private property. Unless something falls into one of these six exceptions, police will be required to issue a warrant to conduct a search or seizure.

The Fourth Amendment of the Constitution was created so authorities should need a warrant to search a home or property, for U.S. citizens have freedom from arbitrary governmental intrusions, and for all searches and seizures must be reasonable. Although, an officer should be able to search on the spot if they feel they have probable cause. “The 4th Amendment and the personal rights it secures have a long history. At the

Section 11 Article 1 of the Indiana constitution provides that the people have a right to be secure from unreasonable searches and seizure and any warrant must be supported by probable cause, an oath or an affirmation and must describe the place to be searched as well as the property or person to be seized. Probable cause arises when the police have reasonable believe that a suspect has committed a crime or evidence is hidden in the property to be searched (Traynor, 1962).

The fourth amendment is a person right to their privacy with the things that they possess. These precedent rights insure the security of our freedom unto a certain extent. This means that a governmental intrusion can take place, allowing a person property to be searched or seized. Depending on the circumstances, officials may or may not have to have a warrant if the evidence is reasonable. “The procedural rights in the fourth amendment influence the operation of criminal justice in the United States nearly every day” (Bohm & Haley, 2011, p.105). For Instance, officials do not have to have a warrant if they have probable cause and needs to preserve the evidence. In addition, a warrant is issued only if the search will end up being connected to the case or if officials think the object is in the home. These conclusions will help the evidence that officials have claimed with probable cause.

There are several exemptions to the fourth amendment warrant requirements. The first exemption is the Search during Lawful Arrest. A search during a lawful arrest does not require a warrant. if someone is lawfully arrested, the police may search them and any area surrounding the person that is within reach. The excuse behind this is that the search serves as a protection measurement. The Second exemption is whatever is in Plain View. If the police are a distance from where the evidence can be viewed. If an individual gives consent, and officer believes this person is authorized to give permission to search, no warrant is required for a search the area. Third exemption is Stop & Frisk. Police may stop a suspect so long as there is a reasonable

Does the Fourth Amendment require law enforcement officers to demonstrate a threat to their safety or a need to preserve evidence related to the crime of arrest in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle’s recent occupants have been arrested and secured?

The Fourth Amendment of the United States Constitution states the following: 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 persons or things to be seized (Cornell University Law School, 2015). Citizens regularly exercise their Fourth Amendment right when coming into contact with a law enforcement officer.

The plain view doctrine allows a law enforcement agent to conduct a search and seize evidence or contraband when in plain view during a lawful observation without a warrant. An example of a plain view doctrine is when an officer stops someone for a traffic violation and observes marijuana sitting on the front seat in plain sight. This is reasonable cause to enter the vehicle to make a search without a

The fourth amendment deals with search and seizure. Although they go hand and hand, they are two different things. In order to do a search you need to obtain a search warrant. A search warrant is a permission, signed by a judge that allows law enforcement to enter private property to look for certain items. It is addressed to the owner of the property, notifying them that a judge decided that the certain item with be found there. In order to obtain a search warrant, law enforcement must show that there is probable cause to believe a search is needed. Judges, considering the circumstances, will decided whether to sign off on it or not. It is illegal for law enforcement to search anything without a warrant. With search warrants, comes arrest warrants. An arrest warrant is an official document, signed by a judge, which authorizes law enforcement to arrest whoever is on the warrant. To obtain an arrest warrant, law enforcement submits a written affidavit to a judge, showing facts that a crime was committed and the person named in the warrant committed it.

The police do not always have to have a warrant to conduct a search or arrest. If the police officer has reasonable suspicion that a crime is taking place they can arrest the suspect. However, they need substantial visual evidence to conduct a search or an arrest. As well if the suspect gives the officer consent they can search the suspect. Warrant is also not needed if the illegal possession is in plane sight, in this case the police officer can use the evidence in court and to arrest the suspect. A police officer does not always need probable cause to make an arrest. Based on Terry Vs Ohio the idea of stop and frisk was put place. In this case a off duty police officer noticed these men wanted to possibly hold up a store and were acting

“The Fourth Amendment states: The right of the people to be secure in their person, 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 persons or things to be seized (Chemerinsky & Levenson, 2013, pg 31).” When looking at the warrant requirement the most important part of the fourth amendment is “no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.” The warrant requirement is an important part of the fourth amendment. Not only does it keep law enforcement honest, but it also protects the people as the fourth amendment was set to do by its original writers. As with every “rule,” there are many exceptions to the warrant requirement, but the three most important are exigent circumstances, automobile searches, and searches incident to arrest.