Leader

Collapse

Announcement

Collapse
No announcement yet.

Should the 4th amendment ever be violated?

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Should the 4th amendment ever be violated?

    I'm a Law enforcement student in Minnesota, and I was wondering if anyone could give me their opinions on whether or not they believe (even if legally you can't)the 4th amendment (which forbids searches and seizures with out such things as a warrant) should be violated. I'm writing a paper on this, and would greatly appreicate the help. Thanks!!

  • #2
    Originally posted by futureofusa
    I'm a Law enforcement student in Minnesota, and I was wondering if anyone could give me their opinions on whether or not they believe (even if legally you can't)the 4th amendment (which forbids searches and seizures with out such things as a warrant) should be violated. I'm writing a paper on this, and would greatly appreicate the help. Thanks!!

    Once you crack the egg...you get the whole thing. No.
    An impressionable child in a tumultuous world, and they say I'm at a difficult stage... --Meat Loaf

    Professional Stupidity Recognition Technician

    Comment


    • #3
      Sometimes we do search without a warrant.:dunno:


      SPACESHIP

      Comment


      • #4
        The important thing to remember about the Fourth Amendment is it protects from "unreasonable" searches and seizures. It all depends on what you consider to be unreasonable. Obviously, you can't go walking up to some guy's door and bust in without a warrant just for fun and see if you can catch him engaging in illegal activity. But, if you are acting in good faith to prevent injury/death, observing criminal activity taking place, and things of that nature then it's my opinion there should be no problem.

        Comment


        • #5
          ANY S&S should be reasonable. Now that's all relative but the court system seems to have a skewed view of what's "reasonable". I do think thatto insure safety of Everyone's rights it should never be violated. The old adage"better to let a 100 bad guys go than to jail 1 innocent man" really holds true here.

          Comment


          • #6
            I agree with you Hemicop. Too many cops have gone ahead and done things without a search warrant and made mistakes. This tarnishes the profession. Let a Judge make the decision if you have probable cause to search. Don

            Comment


            • #7
              Why not? It's being done now in New Orleans.
              Life is like a 3 ring circus and cops have a front row seat. It`s The Greatest Show On Earth.

              Comment


              • #8
                Carty is absolutely correct. The 4th deals with unreasonable S&S It does allow for reasonable S&S....so in my opinion, it should NEVER be broken. If you are in too much of a hurry to do your job right, why do it at all?

                As for New Orleans....that is a different circumstance...and done for the protection of life. Last I looked, that was a reasonable circumstance.
                An impressionable child in a tumultuous world, and they say I'm at a difficult stage... --Meat Loaf

                Professional Stupidity Recognition Technician

                Comment


                • #9
                  The fourth amendment was intended to protect citizens from the unlimited scope of general warrants which were common in colonial times. These warrants allowed customs agents to search when, where, and what they wanted. General warrants were feared and hated by the colonial citizens.

                  Prior to the twentieth century the Supreme Court relied on the
                  Phoenix

                  "He that would make his own liberty secure, must guard even his enemy from opposition; for if he violates this duty he establishes a precedent that will reach himself." ~Thomas Paine

                  Comment


                  • #10
                    NEVER

                    When you have a government that does not abide by its on laws, you have nothing more then a dictatorship

                    Comment


                    • #11
                      If you are uncertain when you find yourself in a S&S dilemma, I would tell you to always ask for consent. It never fails. If you can get it in writing, even better.
                      I know of fellow officers who dwell on what you cant do when it comes to searches and seizures. I think in the opposite way. I focus on what I CAN do. There is always a back door in the justice system and not to mention loop holes. Bad guys use them all the time and we can to, its just that for us cops, we have to be a little bit more creative.
                      "Its not cheating, unless you get caught."-Al Bundy

                      Comment


                      • #12
                        No provision of the Constitution should intentionally be violated.
                        God made cops so firemen would have heroes.

                        You do not greet Death; you punch him in the throat repeatedly as he drags you away.

                        Comment


                        • #13
                          An opinion North of the border....

                          We have the Charter of Rights and Freedoms, basically the same thing. Does it make our jobs more difficult? Definitely. Do I think that we should be able to go into anyone's home without a warrant?!?!?! Obviously to immediately protect life or while in fresh pursuit are freebe's that you can reasonably explain any legal system.... The only thing that an innocent person has to fear from unreasonable search, (assuming the people doing the searching are honest) is a violation of their privacy. I believe that once a person commits an offence they have given up their rights and a search should no longer be deemed as unreasonable. Unfortunately the courts don't see it the same way, and as a result I'm expected to (and I DO) operate within the restraints of the law.
                          But by the grace of God, I am what I am.
                          1 Corinthians 15:10

                          Comment


                          • #14
                            The answer to that is tough. "Unreasonable" violations that are not exceptions should not be violated under any circumstances.

                            It's up to the US Supreme Court or district courts to determine if the action of a police officer is actually a violation of the 4th ammendment or subject to exceptions to the rule.

                            For example, if a police officer smells the odor of burnt marijuana in a car, he has the right to search areas of the car where the burnt marijuana may be concealed without a warrant. However, the officer cannot search areas of the car that will most likely not have burnt marijuana, such as in the trunk. This is based on case law that by determined in US District Court.

                            The beautiful thing about the US Consitution is that it is grey, and not black and white, and the Supreme Court decides how the action applies to the Constitution.

                            Good luck,

                            Sammy
                            Last edited by SammyCal1; 09-13-2005, 09:53 PM.
                            If I could keep one heart from breaking, I shall not live in vain. If I could ease one life the aching or cool one pain; or lift a fainting robin unto it's nest again, I shall not live in vain. Emily Dickinson
                            www.samanthafund.com

                            Comment

                            MR300x250 Tablet

                            Collapse

                            What's Going On

                            Collapse

                            There are currently 3739 users online. 226 members and 3513 guests.

                            Most users ever online was 158,966 at 05:57 AM on 01-16-2021.

                            Welcome Ad

                            Collapse
                            Working...
                            X