4th Amendment and Rights to Privacy

Paper Summary:

This paper is about the fourth amendment and our right to privacy. It goes into many different United States Supreme Court decisions. This paper takes an in-depth look at how the government can conduct searches without a warrant. Topics include: Searches incident to lawful arrest, searches with consent, exigent circumstances, special needs beyond law enforcement, administrative searches and inspections, stop and frisk, and the automobile exception.

From the Paper:

"The words search and seizure come out of our 4th amendment right, in the American constitution. Some people think that search and seizure is one continues act, but this is not true. They are actually two separate acts, each with there own meaning. Although they are separate acts, they both do fall under the fourth amendment, and are subject to the probable cause requirement. Meaning, that before a government official can lawfully search and seize something, they first must establish "probable cause," before doing so. This is done by gathering facts, either something the officer heard, saw, felt, or smelt. It is important for the officer to first establish this, because if he doesn't it can result in exclusion of the evidence obtained. For the purposes of this paper whenever I refer to the "Supreme Court," or simply "Court," I am referring to the United States Supreme Court (Court of last resort)."

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