Fourth Amendment Essay Example for Free

Fourth Amendment Essay under(a) the Fourth Amendment, a person has the right to be secure in their persons, houses, papers and effects against exuberant expectes and seizures and warrantees shall issue but upon probable cause. This also includes the search and seizure of vehicles. However, there are instances when the subsequent search and seizure of a home and vehicle is allowed. Under Caroll v United States, a vehicle may be searched without a warrant if the officer undertaking the search has probable cause to believe that the vehicle contains contraband. Such is allowed because of the mobility of vehicles that allow them to quickly move from the jurisdiction if the searching and arresting officers had to obtain a warrant first. But the court was also explicit in holding that it is impermissible to search and seize a parked vehicle on the basis that it is movable. Moreover, a warrantless search is permissible if it is incidental to a legitimate arrest such as when a pe rson was actually committing a crime in the strawman of the arresting officer, the subsequent search is reasoned as a way to locate and seize weapons that may harm the officer and prevent destruction of evidence.The searching officers could also just ask the consent of the conduct suspect and if he freely consents to the succeeding search of the house and car, then such is considered a valid search. On the other hand, under the Fifth Amendment, no person shall be compelled in any distressing case to be a witness against himself or be deprived of life, liberty and property without collectable process of law. Hence, it is imperative that arresting officers must read the persons rights and inform him of his right to remain silent that anything he says will be used against him.In Miranda v Arizona, the court was firm in its decision that while a suspect or defendant is in police custody, the prosecution may not use statements, whether exculpatory or stemming from questioning init iated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any fundamental way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendments privilege against self-incrimination.