The Fourth Amendment Of Us Constitution - 1241 Words

1) Fourth Amendment of Us constitution provides the following: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or afï ¬ rmation, and particularly describing the place to be searched, and the persons or things to be seized. Explanation: Hence the above statement says that Constitution provides the privacy to the citizens and this law doesn’t allow searching and seizing of citizen’s belongings (properties) by the government for no reason. This law emphasizes that citizens will not be allowed to any type of searching or arresting without any specific reason by the†¦show more content†¦The law of constitution allows the officer to stop and ask for the questions if they find some individual driving car is not following the rules, drunk and drive, rash driving etc. If the officer has a search warrant and have ample amount of evidences on searching a car he can do that as per the law. So with probable cause, the office can search your vehicle even the individual doesn’t agree with that. Because the officer has some evidence which making him to search or examine the car. It is the duty of the officer to abide to the laws of enforcement. Can’t Do: The office can’t search a car of individual with no reason or without proper evidence/cause. As per fourth amendment the enforcement officer can’t do a search without a search warrant from the magistrate. If the police/officer asks for searching the car then the individual can politely say â€Å"Officer, I am not resisting. I do not consent to the searching you are asking for† Even though the officer proceed to search without any warrant/cause and finds something illegal items in your car then the individual can file a petition with the lawyer to suppress the evidence in the court If in the court of law, the judge understands the officer violated the 4th amendment’s probable cause requirements, he can grant the motion. Unless the prosecution has any other evidences or proofs, then your charges would be dismissed. Ex: The officer cannot ask you to open your car dickey or any of your luggage’s or