Fourth Amendment Rights Violated Case Assignment

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Fourth Amendment Rights Violated
On the 29th May of this year, Adam Liptak, a New York Times correspondent reported that the Washington Supreme Court had ruled in favor of a Virginia Man named Mr Collins. Collins’ case originated from a search of a rider who committed two traffic offenses. The suspect rode on a “distinctive orange and black” (Adam Liptak, May 29, 2018) bike – “with an extended frame” (Adam Liptak, May 29, 2018). The man escaped the police chase while on one of the occasions he allegedly rode at a speed of over 140 miles per hour. Following Facebook posts, “Officer David Rhodes, of the Albemarle County Police Department” (Adam Liptak, May 29, 2018) tracked a bike suspected to be similar to the one under investigation to Mr Collins’ girlfriend’s house. The officer went to the property without a warrant nor an invitation. At home, he saw what appeared to be a bike enclosed in a tarp. He searched it, and it occurred that the hike was stolen. Consequently, Mr Collins was charged with receiving stolen property and convicted of the same after the Virginia courts dismissed his application to discard the evidence obtained by Officer David Rhodes’ search (Adam Liptak, May 29, 2018).
The big question here is whether the Fourth Amendment – that protects persons from unreasonable searches was violated. It upholds the rights of citizens to be secure from “unreasonable searches and seizures” (Hawkins, Derek., 6) unless a warrant is obtained – which must be supported by an Oath. Besides, the warrant must clearly describe the area to be searched as well as the persons and items to be seized. The Amendment has exceptions though. These include at “borders and points of entry, roadblocks with reasonable and legal cause, stop and frisk” (Hawkins, Derek., 6) and “where it is reasonably proven that no other effective means were applicable” (Hawkins, Derek., 11).
However, the Amendment is this clear, interpretation of the term reasonable and unreasonable has for a very long time posed challenge. The words are very subjective as well as relative. Therefore, it is the sole duty of an officer who is conducting any search and seizures without a warrant – and in cases not covered by the exceptions, to prove whether the search was reasonable. In the case of Mr. Collins, I hold the firm opinion that the search was illegal. First, the officer was investigating an incident in which the suspect had fleeced arrest. Workin...