This paper discusses search and seizure laws based on the Fourth Amendment of the Constitution of the United States.
This paper discusses that the Constitution of the United States provides protection from illegal search and seizure through the Fourth Amendment, but the Fourth Amendment is written in such a way that it can be vague when it comes to what is and what is not a legal search and seizure. The author points out that searches and seizures must have reasonable reasons for being requested and for being authorized and conducted; when a search is allowed, it must be backed by affirmations or oaths that explain why the search is being requested. The paper concludes that any time one studies issues of the Fourth Amendment rights to be protected from search and seizure that is unreasonable, it is important to understand that the case may look very similar to others, but may be completely different when the facts are examined.
“The judges who ruled in each case commented that if the jacket had been locked in a briefcase within the van it might have called to question the driver’s ability to consent to a search. This was an interesting ruling especially since previous cases regarding similar issues have been decided I favor of the government as well as against the government and its claim to the right to search possessions within a stopped vehicle.”