¶ … Fourth Amendment of the Constitution is designed to protect the right of the people to live in privacy. As such, it concerns itself with security against illegal or unjustified searches and seizures, as well as the inappropriate levying of warrants. However, the potential conflict that this amendment commonly incites against law enforcement practices causes much debate over specific application of its provision.
In the case of Dopey v. The People of the State of California, the defendant has invoked the amendment, contesting that his conviction on charges of drug trafficking was invalid to the fashion in which officers obtained the evidence. Upon careful examination of the case, and based on the nature of precedent, Dopey's assertion is correct. Both the cash found in his house and the cocaine found in his car were collected by law enforcement in violation of the Constitution.
According to the "exclusionary rule," first invoked by Mapp v. Ohio (1961), any evidence gained by measures not accorded by the fourth amendment will be considered inadmissible to the court and can therefore not be used in building a case against the defendant. This condition applies directly to the Dopey's situation.
Of particular note is that Dopey was arrested inside his home by officers who used neither an arrest warrant or a search warrant in doing so. Entering his home by force, they made the arrest and proceeded to search the home, thus finding the case considered in evidence.
According to Payton v. New York (1980), reasons that could be considered valid for making an arrest in a public place can not be employed likewise in a home. In the home, probable cause is not enough for forcible entry and arrest. An officer...
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