4th Amendment
All Americans are entitled to their rights. The Fourth Amendment states that we the people have to deny search and seizures from law enforcement without a warrant. The fourth amendment generally prohibits police from entering a home without a warrant unless the circumstances fit an established exception to the warrant requirement. According to the book The Constitution: Our Written Legacy by Joseph A. Melusky, the Fourth Amendment gives the right of the people to be secure in their person, houses, papers, and effects against unreasonable searches and seizures. Although we are entitled to these rights, police sometimes use and abuse their authority. In many cases, the Fourth Amendment has helped prove the innocence of one’s actions.
Citizens of the United States may benefit from the Fourth Amendment because we are entitled to a list of rights. There are many exceptions that override our rights. The acronym SPACESHIP helps people remember the exceptions to the Fourth Amendment.
Search incident to arrest
Plain View
Automobile
Consent
Emergency or exigency
Stop and frisk
Hot and pursuit
Inventory
S(P)ecial circumstances
The first letter of the acronym is S which stands for search incident to lawful to arrest. This means once someone has been arrested they have to be searched. The police have the right to get involve if they suspect someone has something to do with illegal activity. In the court case California V. Acevedo (oyez.org) Charles Acevado was arrested for marijuana that was found when the officers stopped his car and searched his bag. The officers didn’t have a warrant to search his vehicle. The California court appeals ruled that the marijuana was not to be used as evidence in his defense. Officers were previously given permission by the Supreme Court to search an automobile if they have probable cause to believe there is evidence in the vehicle. The officers didn’t have a search warrant to search a closed container. The officers knew
Citizens of the United States may benefit from the Fourth Amendment because we are entitled to a list of rights. There are many exceptions that override our rights. The acronym SPACESHIP helps people remember the exceptions to the Fourth Amendment.
Search incident to arrest
Plain View
Automobile
Consent
Emergency or exigency
Stop and frisk
Hot and pursuit
Inventory
S(P)ecial circumstances
The first letter of the acronym is S which stands for search incident to lawful to arrest. This means once someone has been arrested they have to be searched. The police have the right to get involve if they suspect someone has something to do with illegal activity. In the court case California V. Acevedo (oyez.org) Charles Acevado was arrested for marijuana that was found when the officers stopped his car and searched his bag. The officers didn’t have a warrant to search his vehicle. The California court appeals ruled that the marijuana was not to be used as evidence in his defense. Officers were previously given permission by the Supreme Court to search an automobile if they have probable cause to believe there is evidence in the vehicle. The officers didn’t have a search warrant to search a closed container. The officers knew