Bill of Rights Search and Seizure PDF

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Bill of Rights Search and Seizure
Professor Walling...

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Professor Walling 10/4/20 The Bill of Rights - Search and Seizure Elements of Search and Seizure Through trial and error, the law pertaining to search and seizure has evolved throughout the years. Search and Seizure is defined as an, “examination of a person's premises (residence, business or vehicle) by law enforcement officers looking for evidence of the commission of a crime, and the taking (seizure and removal) of articles of evidence (such as controlled narcotics, a pistol, counterfeit bills, a blood-soaked blanket)”(Legal Dictionary Law.com. n.d.). Search and Seizure falls under the Fourth Amendment containing many important elements, the first being individual citizen’s right to their personal belongings and effects. According to the Fourth Amendment, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue” (Fourth Amendment., n.d.) This further explains that, without probable cause, no one may be violated. However, “upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” This excerpt describes that anyone suspected of having committed, currently committing, or planning to commit a crime, is subject to a search of their personal effects with the use of an issued warrant (Donohue, 2016). Within a warrant, each individual state specifies details of why, when, and where they will be searched to ensure the citizen is informed of how their Fourth Amendment right is being respected. In conclusion, the fourth amendment was created to protect the individual rights of citizens who are only subject to search and seizure with the use of a warrant issued by probable cause.

The Founding Fathers and Search and Seizure The founding fathers were the first to issue search and seizure, included in the Bill of Rights. James Madison, the author of the Fourth Amendment, originally wrote that, “[t]he rights of the people to be secured in their persons, their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized.” Madison strictly referred to improper warrants rather than and after Congressman Benson altered it to pertain to rightful warrants as well, this has developed into the Fourth Amendment widely known today (Clancy, T. K., n.d.). New leadership did not necessarily change this foundational amendment but rather added

clarification to address any predicted future questions. In conclusion, the Fourth Amendment directed its attention to warrant to “govern the issuance of warrants” but was quickly altered by Benson who added the rights to gain access to a warrant with probable cause.

DUI Checkpoints and Search and Seizure Since the creation of the first motorized vehicle, drunk driving has been an issue, causing many fatal crashes every year. In 2011, the state of Indiana, alone, had 195 car crashes involving a drunk driver that ended with at least one fatality (VISSING, J., 2015). To combat this, many authoritative figures have suggested the use of sobriety checkpoints. “Sobriety checkpoints are roadblocks set up by police officers at a specific location where a predetermined proportion of drivers are stopped and questioned” (VISSING, J., 2015). Although many believe it is safer to check every driver than to let drunk drivers get away with lawbreaking, the use of sobriety checkpoints directly interferes with one’s rights according to the Fourth Amendment which is that of privacy (Clancy, T. K., n.d.). If every vehicle is being stopped and searched, that includes people who are showing no signs of being intoxicated, therefore being violated without probable cause. In conclusion, DUI checkpoints should not be legal due to the fact that they are in direct opposition to the Fourth Amendment.

Works Cited

Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990). Retrieved from http://cdn.loc.gov/service/ll/usrep/usrep496/usrep496444/usrep496444.pdf Clancy, T. K. (n.d.). The Framers’ Intent: John Adams, His Era, and the Fourth Amendment†. Retrieved from http://ilj.law.indiana.edu/articles/86/86_3_Clancy.pdf Legal Dictionary - Law.com. (n.d.). Retrieved October 03, 2020, from https://dictionary.law.com/Default.aspx?selected=1894 Fourth Amendment. (n.d.). Retrieved October 04, 2020, from https://www.law.cornell.edu/wex/fourth_amendment VISSING, J. (2015). Preserving Liberty While Increasing Safety: Why Indiana Should Outlaw Sobriety Checkpoints. Indiana Law Review, 48(3), 1089–1113. Retrieved from https://doi-org.lopes.idm.oclc.org/10.18060/4806.0019...