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Search and Warrants

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Submitted By mafrost1967
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Search and Warrants

To discuss the stipulations of search and warrants, one will look at the past to see the beginning of those procedures. The Fourth Amendment is the bases for the search and seizure for it states simply this,

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizure… And no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly the place it be searched, and persons or things to be seized.” (Constitution of the United States of America) (Whitebread & slobogin, 2008)

When looking back we see that the Amendments are set in place to protect the people and give them certain rights to. The Amendments are or are not followed by the letter, yet in some instances they also can cause conflict of for example we can look at the different insistences in history that this procedure has been altered because of the laws itself.

“In the case of Boyd v. United States in 1886; the court contented that the papers obtained through a subpoena should be excluded because it would cause the witness to be witness against himself...meaning of the Fifth Amendment.” (Whitebread & slobogin, 2008)

This is totally ridiculous because our fore fathers should have reread the Constitution to make sure that one Constitution law did not interfere with the other Constitution laws. How can law enforcers be effective and sure when they have to constantly be on guard not to violate the constitution of the people, yet in still maintain order and peace? Even through there’s conflict in the Constitution, the government and elected representatives of the people are trying change it so that it still protect the peoples and do not violate their rights to at the same time. We see these changes in next few sited cases that by all intents and purposes of the law now...

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