The Fourth Amendment

The Fourth Amendment

         When searches and seizures are done without a warrant they are deemed not to be reasonable, nonetheless there are a few exceptions which may render the warrantless search lawful these include permitting an officer of the law to search, if the search took place when an arrest was in progress, if the search provided for a probable cause to warrant the search and if and when the circumstances warranted for the attention of the officer and also if the items in the scene of crime were in the plain view for law enforcement to see (Mincey v. Arizona, 1978). Subsequently, due to the provisions in the constitution this has made it possible protection people’s privacy, and personal materials including premises. Any law enforcement cannot without a warrant or having a probable cause search or seize someone or their property.

A judge signs a search warrant allowing officers to search for specific items at a particular location.(Mincey v. Arizona, 1978). In order for a search warrant to meet the legal threshold it must have been filled by an officer of the law and without any biases, has to have credible and factual information indicating probable cause for the search, issuance of the warrant must be done by a judge, lastly the warrant must be elaborate enough showing  the places and items to be searched and seized.

The fourth amendment gives people the right not to be subjected to unlawful searches and seizures in their bodies and homes, without  a probable cause this right cannot be in way be violated. Nonetheless there are a few exception to this right as with all other provisions in the constitution. These exemptions are, such as giving consent, this is where law enforcement ask for consent to enter a private residence, but this also is subject to probable cause.

The second exception is that of plain view doctrine, this is also has to have degree of probable cause where the officers believes that the items in plain view are contraband before they seize and search the said items. This allows seizures to be done without a warrant. Thirdly, an exception to this provision is a search when a lawful arrest is taking place (Payton v. New York, 1980).This allows the arresting officer get entry to search without a warrant. Another exception to the amendment is referred to as exigent circumstances, if an officer believes that evidence may be lost before he or she gets a warrant they can legally search and seize the ehttps://studygroom.com/illinois-vs-gates/vidence, this also being subject to probable cause.

In the scenario, Mrs. Ellis had given consent when she made the 911 call. Since probable cause was established and the surrounding circumstances demanded the police officer attention, as in as much as they did not have to have a warrant as it was well within their mandate to secure the crime scene so as to avoid loss of evidence especially since there was dead body of her neighbor Mr. Stevens. Due to the circumstances surrounding the crime scene the protection accorded by the fourth amendment are limited thus entry into the house was in lawful despite the lack of a warrant. The expectation of privacy in this scenario was outweighed by the police officer duty to protect people whom may be in trouble and as well as preserve the evidence.

In response to the call Mrs. Ellis had made and the circumstances surrounding law enforcement would have to enter her house as they were not aware if she was in imminent danger, and whether the evidence was being destroy or if there was a suspect in the house, once entry was achieved the principle of plain view doctrine then applies prompting the seizure of any evidence (Maryland v. Macon, 1985). This further goes to strengthen the warrantless search since probable cause was established due to the exigent circumstances, the dead body in her closet was an indicator that exigent circumstances did exist.

References

Hudson, D. (n.d.). Mincey v. Arizona (1978). Encyclopedia of the Fourth Amendment. doi:10.4135/9781452234243.n525

McInnis, T. (n.d.). Maryland v. Macon (1985). Encyclopedia of the Fourth Amendment. doi:10.4135/9781452234243.n490

Vile, J. (n.d.). Payton v. New York (1980). Encyclopedia of the Fourth Amendment. doi:10.4135/9781452234243.n600