Posted: June 23rd, 2022

Bill of Rights: – Search and Seizure

Bill of Rights: – Search and Seizure
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Elements of Search and Seizure Amendment
The Fourth Amendment of the American Constitution lays out the foundational law on search and seizure. This law indicates that people have the right to be secure in their persons, houses, papers, and effects against any searches and seizures which are unreasonable. Therefore, this right is not to be violated; thus, warrants are required to search and seizure to occur (Murray, 2017). However, if the officers have a probable cause with support from the oat or an affirmation, then a warrantless search and seizure are acceptable. An analysis of this Fourth Amendment doctrine would illustrate that it has three foundational elements: the scope, content, and remedy (Junker, n.d.).
The doctrine’s scope is related to the scope of protection to individuals against any unreasonable search and seizures. Through this scope, then the law upholds the right to privacy and freedom to the individuals (Junker, n.d.). To prove that particular evidence needs to be suppressed, the claimant should demonstrate how they were victims of the invasion of privacy and need to be protected by the Fourth Amendment doctrine. Generally, the law prohibits the most warrantless searches on private premises except in particular exceptions. For example, the warrantless search is legal is only when the officer received the consent to search if the search activity is ann incident towards a lawful arrest. A probable cause existed for searching and the presence of exigent circumstances. The exigent circumstances involve the situations where the persons are in imminent danger, such as evidence does face the imminent destruction or the suspect could easily escape. In relation to the content element, the doctrine focussed on whether the product in an unreasonable search or seizure is subject to the exclusionary rule. The exclusionary rule was implemented in a bid to prevent the government using evidence that has been collected in violation of granted constitutional rights, including Fourth Amendment rights against unreasonable search and seizures (Donohue, 2016). Depending on whether the claimant had their Fourth Amendment rights violated or not, the four primary remedies incorporated by the court will include the motion to suppress, civil damages actions, injunctive or declaratory relief.
The founding lawmakers to the bill of Rights related to search and seizure focused on ensuring that the individuals are protected within themselves and their property from government intrusion. In the initial years, the right entails people being secure in their homes precisely as the right to be protected in one’s papers. Notably, the law would undergo various amendments to ensure that the law upholds the individuals’ privacy interests to be protected. The world has been continuously evolving, with its activities expanding in range and character (Donohue, 2015). Therefore, further protection was required for protection from the executive’s intrusive actions, hence ensuring that the persons enjoy the extensive benefits of the privacy rights accorded by the Fourth Amendment.
Notably, the DUI checkpoints should be legal in line with the provisions within the search and seizure law since the law enforcement officers have probable cause of achieving road safety to the road users and property and it. The likely reason is apparent when the checking officer has a reasonable belief in the affected individual being a suspect in considering facts and information before the arrest. In this case, there could have been signs of impaired driving, such as extensive speeds. Therefore the DUI checkpoints need to be considered legal in relation to the Bill of Rights of search and seizures.

References
Donohue, L. K. (2015). The Fourth Amendment in a Digital World. NYU Ann. Surv. Am. L., 71, 553.
Junker, J. M. (n.d.). The Structure of the Fourth Amendment: The Scope of the Protection. J. Crim. L. & Criminology, 79, 1105.
Donohue, L. K. (2016). The Original Fourth Amendment. The University of Chicago Law Review, 1181-1328.
Murray, H. (2017). Unreasonable Search and Seizure: The Fourth Amendment. Enslow Publishing, LLC.

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