Chief Justice Rehnquist referred to the Court's decision in United States v. Watson (1976) and argued that by standing on her porch when the officers arrived, Santana was "not in an area where she had any expectation of privacy," and offered another exigent circumstance that excused the nee for a warrant. Since the police had probable cause to arrest and search her at that point, their behavior was consistent with the Court's Watson precedent (the OYEZ Project, United States v. Santana, 427 U.S. 38, 1976). In the case of Watson, the area in question was the defendant's car, where the defendant had presumably the right to expect his privacy. In Watson, the defendant's arrest was deemed unconstitutional because the authorities "had failed to secure an arrest warrant though he had time to do so, and (2) based on the totality of the circumstances (including the illegality of the arrest), respondent's...
v. Watson, 1995).
An example would be if an office approached a car and saw an open container of liquor, or if he saw what appeared to be crack rocks on the dash board he would be able to search the rest of the car. When it comes to searching a house without permission the officer must obtain a warrant and that can be obtained only if a judge is convinced there is
Further, these writs, once issued, could be reused, and did not expire until the death of the reigning monarch (Knappman, 33). In Massachusetts, a group of colonial merchants, represented by James Otis, petitioned the Superior Court to refuse any new applications of writ following the death of George II. Otis, using the phrase "A man's house is his castle," argued in the case that the writs were a direct violation
The rights given under Fourth amendment are very clear and the search warrants that are issued have to clearly state the reasons for the search being conducted. The reasons must be clear, express and concise. There can be no fishing exercise. If the party concerned gives an acceptance for search after the illegal entry was done, then even the consent is tainted and invalid. What that means is that
Warrants for Digital DataA search warrant is a legal document issued by a judge or a magistrate, giving law enforcement officials the authority to search a particular property or area for specific evidence related to a crime (Kerr, 2005). Its primary purpose is to balance the individual's right to privacy and the state's need to conduct investigations to enforce the law. The legal threshold for obtaining a search warrant includes
Traffic Stop In the example, four men of unidentified race, acting in an unpredictable way in a marginal area of a city, fled in a car when asked simple questions by police. The police pursued, pulled them over, questioned them, and found that their stories did not seem truthful. Items found in the car were eventually connected to a crime. According to LaFave (2004), the only issue in such a case is
search and seizure laws. The writer uses several cases to present a detailed exploration of search and seizure laws and how the courts rule when they are challenged. There were five sources used to complete this paper. The Constitution of the United States provides protection from illegal search and seizures through the fourth amendment. The fourth amendment is written in such a way that it can be vague when it
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