Exceptions to the Search Warrant Requirement Essay

Exceptions to the Search Warrant Requirement - Essay Example A search warrant is not an administrative function, it is a judicial act. In the United States, the issue of Search warrants is determined under Title 18 of the US Code. The law has been restated and extended under Rule 41 of the Federal Rules of Criminal Procedure. Each state can frame its own laws governing the issuance of search warrants. Fourth Amendment to the United States Constitution is one of the provisions included in the Bill of Rights. The Amendment guards against unreasonable searches and seizures, and was originally designed as a response to the controversial writs of assistance, which were a significant factor behind the American Revolution. It is observed that , in US , of the of the 19.3 million traffic stops documented in the study, about 1.3 million motorists said they or their vehicle had been searched. In almost 90 percent of these searches, police found no evidence of a crime .As such, Fourth Amendment was made to protect the interest and rights of citizens and to prevent harassment to their personal life and property. It protects citizens against unreasonable searches and seizures, provides that a search warrant may be issued only on oath or affirmation that a crime was probably committed. The amendment applies only to governmental actors. It does not guarantee to people the right to be free from unreasonable searches and seizures conducted by private citizens or organizations. ... The Amendment guards against unreasonable searches and seizures, and was originally designed as a response to the controversial writs of assistance, which were a significant factor behind the American Revolution. It is observed that , in US , of the of the 19.3 million traffic stops documented in the study, about 1.3 million motorists said they or their vehicle had been searched. In almost 90 percent of these searches, police found no evidence of a crime .As such, Fourth Amendment was made to protect the interest and rights of citizens and to prevent harassment to their personal life and property. It protects citizens against unreasonable searches and seizures, provides that a search warrant may be issued only on oath or affirmation that a crime was probably committed.The amendment applies only to governmental actors. It does not guarantee to people the right to be free from unreasonable searches and seizures conducted by private citizens or organizations. More specifically, the Bill of Rights only restricts the power of the federal government, but the Supreme Court of the United States has ruled that the Fourth Amendment is applicable to state governments by operation of the Fourteenth Amen dment. Moreover, all state constitutions contain an analogous provision. For eg. Article 1, and 7 of the Tennessee Constitution. Under the Fourth Amendment , searches must be "reasonable" and " specific". This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched. Fourth Amendment protects citizens from physical entry to the home by search officials. It applies equally whether the police enter a home to