The Search and Seizure Law

Paper Summary:

The paper discusses federal and state case law involving the Fourth Amendment. The paper shows how the right to protection from unreasonable search and seizure is not a simple issue, particularly when dealing with the search of vehicles. The paper highlights how there are no consistent laws regarding search and seizure of vehicles; there are differing opinions of various courts on these issues. The paper concludes that motorists will continue to be confused and the rights of American citizens will continue to be in jeopardy.

From the Paper:

"When originally drafted, the Fourth Amendment sought to protect the colonists from unreasonable search and seizure in smuggling cases. Prior to the Amendment, the English authorities used writs of assistance, or general warrants that authorized officials to search anything and seize any goods. These writs remained in effect for the lifetime of the king. In 1760, when King George II passed away, these writs were challenged by James Otis on the grounds these writs went against the English constitution (FindLaw, "History."). As a result, when the Amendments to the United States constitution were drafts, a protection of unreasonable search and seizure was included in the rights of the people."

Sample of Sources Used:

• Amos v. United States. 255 U.S. 313. Supreme Ct. of the U.S. 1921.
• Bumper v. North Carolina. 391 U.S. 543. Supreme Ct. of the U.S. 1968.
• Carroll v. United States. 267 U.S. 132. Supreme Ct. of the U.S. 1925.
• Connecticut v. Brunetti. SC 16788. Connecticut Supreme Ct. of the U.S. 2005.
• FindLaw. "Consent Searches." Fourth Amendment. 2006. 2 Dec 2006. < http://caselaw.lp.findlaw.com/data/constitution/amendment04/04.html#1>.

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