Thursday, August 8, 2019

List, describe, and explain the rules regarding consent searches under Essay

List, describe, and explain the rules regarding consent searches under the Fourth Amendment. Provide case examples that illuminate the rules - Essay Example Government agents may circumvent official warrants if by doing so they would prevent a crime from happening or a criminal escaping. In Terry v. Ohio (1968), a law enforcement officer spotted three men milling around the entrance to a jewelry shop and suspected that they were preparing for robbery. He advanced to the men, identified himself and demanded to frisk them. While performing the search, he found illegal hidden weapons on the defendants, leading to their conviction. The defendants made an unsuccessful appeal before the Supreme Court by arguing that their conviction was based on bad evidence obtained without a search warrant as required under the 4th Amendment (Slobogin 398). By contrast, in Mapp v Ohio (1961), the Supreme Court dismissed the defendant’s conviction for being found in possession of illegal porn material, noting that the arresting officers did not identify themselves properly (Slobogin 504). Besides, the officers denied the defendant the right to counsel who was at the scene of crime. The 4th Amendment stipulates strict rules for government officers to follow while undertaking searches and seizure of evidence. Even though, individual privacy is not clearly stated in the US constitution, illegal searches violate privacy of citizens and are therefore

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