Discussion Week 5: Standards for Search & Seizure Assignment

Fourth Amendment
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Fourth Amendment
Search and seizure is a topic that has come up quite a number of times when the topic of social injustices are discussed. This is due in part to the fact that, there have been instances when the procedure has been used a racial injustice tool where members of the minority community are mistreated by the government agents such as the police (Legal Information Institute, 2016). There are times that the privacy of an individual is violated, with close reference to the seizures and searches conducted by the police. One of the examples that involves violation of the privacy of a citizen is related to searches and seizures is as follows; if a police officer without a warrant comes into a home and forces the homeowner to submit to a search, where evidence is then recovered, this will not be evidence that is admissible in court (Legal Information Institute, 2016). Ideally the evidence was collected in circumstances that are a direct violation of the homeowner’s Forth Amendment, as there was not a probable cause and the officer in question did not have a warrant to search the house. This is an aspect that has been quite common, where the police become a law unto themselves and force the citizens to surrender their right. This means that there is a myriad of situations that a police officer can violate the Fourth Amendment, however, there are some three conditions that are used to determine if the police officer is using the correct legal standards of seizure and searches and within the Fourth Amendment provisions ("Fourth Amendment", 2016).
In the case that has been presented above, it is crucial to note that this creates some element of conflict with reference to the Fourth Amendment rights of the homeowner. In this case, any of the evidence that is going to be collected in the house of the specified homeowner, will be inadmissible in a court of law ("S...