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1. Questions On Fourth Amendment Jurisprudence
Fourth Amendment jurisprudence is primarily concentrated in four areas: 1) defining "searches"; 2)
the Warrant Requirement, in which warrantless searches are semantically precluded except in
specific and tightly constricted situations; 3) the Probable Cause Requirement, whose exclusive
provisions are closely associated with the Warrant Requirement's proscription of police inquiries into
same; and, 4) the exclusionary rule, which presumptively excludes any information or evidence
gathered in violation of the preceding two (Rickless, 2005). The Court has continued to delineate
areas, which fall outside the parameters of the restrictions placed upon government officials through
the Fourth Amendment. The Court has ruled that the areas carved out which include exceptions to
the basic tenets of the Fourth Amendment, commonly known as warrantless searches, may be
conducted if circumstances are such that the interests of society outweigh the invasiveness of the
action. The Court has have recognized special situations in which warrants were not required,
including: border searches; consent searches; container searches; exigent circumstances; searches
incident to a lawful arrest; plain view; special needs; stop and frisk; and inventory searches. The
Court has ruled that the areas carved out which include exceptions to the basic tenets of the Fourth
Amendment, commonly known as warrantless searches, may be
Get more content on HelpWriting.net