Law Enforcement Officers Have Policy Regulations they Must Obey

In addressing the issue, the Court identified several exigencies that may justify a warrantless search of a home or any other private dwelling. Under the “emergency aid” exception, the Court found that “officers may enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury.” The Court stated that police officers may enter a premises without a warrant, but only when they are in hot pursuit of a “fleeing suspect.” (citing United States v. Santana, 427 U.S. 38, 42-43 (1976)). Lastly, the Court found that the need “to prevent the imminent destruction of evidence” has long been recognized as a sufficient justification for a warrantless search.

4. Consent to search is an exception to the warrant; therefore the officer needs no justification to conduct a search pursuant to a valid consent. 5. Exigent circumstances is an exception to the warrant, it permits an officer to enter premises when there is a situation that requires immediate action. 6. Plain view doctrine is an exception to the warrant; it provides that an officer may seize an object without a warrant if the officer observes the object from the lawful vantage and if the nature of the object is immediately apparent as an article subject to seizure (Garland, 2011).

The first is that there must be a valid justification for law enforcement to intrude into a zone of privacy. Valid justifications for the plain view doctrine include during an arrest, a search incident to arrest, a protective sweep, a stop and frisk, during the execution of a valid search warrant, during a controlled delivery that involves incoming goods from a foreign country, in hot pursuit, in response to certain

The officers have the right to search in the case of plain-view doctrine (Schmalleger, 2012). It can be understood with an example; if an officer goes to a doctor for assistance or medical help and during the process, he sees drugs; in this situation, he can legally forfeit him and make an arrest at the moment. The plain view doctrine applies under legal circumstances and in the places where the police officers have a valid right. All these searchers and reasons are persuasive and influential (Schmalleger, 2012).

The outlook for search and seizure (The fourth amendment) is all about privacy. Citizens have the right to deny searches or seizures of property or things unless the officer has a valid search warrant, valid arrest warrant, or probable cause."Probable cause has to come from specific facts and circumstances, not simply an officer's hunch, feeling, or suspicion." ("Search and Seizure", 2018). The police have grounds to believe they will notice proof that you just committed a criminal offense, and a judge issues a warrant or the actual circumstances justify the search while not a warrant initial being issued.

The Fourth Amendment of the Constitution was created so authorities should need a warrant to search a home or property, for U.S. citizens have freedom from arbitrary governmental intrusions, and for all searches and seizures must be reasonable. Although, an officer should be able to search on the spot if they feel they have probable cause. “The 4th Amendment and the personal rights it secures have a long history. At the

Third, the area to be searched and any item to be seized must be described with particularity (Hall, 2016.) There must be very specific information to obtain a search warrant. A warrant that authorizes a police officer to search a particular home for “unauthorized contraband” violates the Fourth Amendment (Hall, 2016.) A warrant authorizing a search of the same home is valid, provided the warrant is valid in all other respects (Hall, 2016.) The items seized must be very specific and usable items to convict the criminal of his or her actions within the act.

The Fourth Amendment protects citizens from unlawful seize and searches; therefore, officers need to have a search warrant to enter a dwelling. In the Supreme Court case of Mapp v. Ohio, the Supreme Court announced the exclusionary rule. The exclusionary rule states that any evidence obtained during a search that violates a person’s constitutional rights can be inadmissible in court (Hendrix, 2013, p.162). Dollree Mapp requested a search warrant and the present of a lawyer. She did not give the police the consent to enter her home. However, in the situation concerning the marijuana, plain view doctrine allows officers to seize contraband that is visibly seen on a person’s premises. Plain view is not considered a search; therefore, it is

Some of these rights are the right to be assumed innocent until proven guilty, the right against arrest without probable cause, the right against self-incrimination, the right to an attorney, and the right to fair questioning by the police. All of this is part of the Due Process Model but one thing the Due Process Model calls into question is, do the rights of the individual outweigh the rights of the many? (Perron)

The fourth amendment deals with search and seizure. Although they go hand and hand, they are two different things. In order to do a search you need to obtain a search warrant. A search warrant is a permission, signed by a judge that allows law enforcement to enter private property to look for certain items. It is addressed to the owner of the property, notifying them that a judge decided that the certain item with be found there. In order to obtain a search warrant, law enforcement must show that there is probable cause to believe a search is needed. Judges, considering the circumstances, will decided whether to sign off on it or not. It is illegal for law enforcement to search anything without a warrant. With search warrants, comes arrest warrants. An arrest warrant is an official document, signed by a judge, which authorizes law enforcement to arrest whoever is on the warrant. To obtain an arrest warrant, law enforcement submits a written affidavit to a judge, showing facts that a crime was committed and the person named in the warrant committed it.

The Fourth Amendment mandates that “probable cause” must be demonstrated in order for law enforcement personnel to obtain a warrant. Probable cause is obtained by law enforcement personnel proving to a judge that there is a high expectation of evidence of a crime being located upon the person, or within the location, they wish to search (Hill & Hill, 2014). Federal law does allow law enforcement to conduct a search without a warrant. The exception is for

It is vital for law enforcement to determine whether a search warrant, arrest warrant, or both is needed. When an arrest is to take place within a dwelling where reasonable privacy is expected, law enforcement must determine whether or not the prospective arrestee lives there. If the person to be arrested lives there, only an arrest warrant is needed. If the dwelling belongs to a third party, an arrest warrant and a search warrant is necessary. In order to comply with the Fourth Amendment’s protection of privacy, police must secure the appropriate warrant(s) and knock and announce their presence.

There are many principles of government, including Individual Rights. Individual Rights is a principle of government that means citizens have certain rights without getting removed. The Bill of Rights has many amendments, including the first, which is the right to have freedom of speech or protest.

The plain view doctrine permits an officer to seize evidence without a warrant, if the officer is in a legal position to see the evidence (Hall, 2015). In my police academy law classes our instructors would state right to be, right seize. The plain view doctrine relies on the following elements for a warrantless seizure to be lawful, which includes the officer must lawfully be in an area from which the object to be seized is in plain view, and the officer does in fact, identify the item (Hall, 2015, p. 424). Additionally, the officer possesses probable cause to believe the object is connected to a crime, and the officer has a right to access object itself. The officer may not manipulate something with the intent of gaining a better vantage

Making an arrest is taking a person into custody for any number of offense or crimes committed. From DUI to murder an officer can be confronted with any number of situations. When officers make an arrest, it is dangerous because the subject can become combatant and hurt the officer or even get himself hurt. In situations, such as when a subject resists arrest and officer may use force to do whatever is necessary to get control of the subject.