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Write a blog of 200 words on this question. Use atleast two sources

Blog 3

How do you feel about the exceptions to search and seizure laws?  Are these exceptions fair?

Write your 150-word comment/ opinion on this paragraph.

Under subjection to requirements of the 4th Amendment, a 'search and seizure' of a person cannot be conducted without the possession of a search warrant. Though, there are some exceptions to this law, most of which from my perspective are more than reasonable. One example is the Terry v. Ohio case we reviewed in which a police officer conducted a pat down on a suspicious individual, revealing possession of weapons. This was declared as a 'plain touch' revealing the presence of an object. In later iterations, this is presently defined under the 'plain view' doctrine. This exception, which exists only when there is an item of contraband within 'plain sight' is under legal ground for confiscation and prosecution. An example of an exception which I do not fully cooperate alongside would be the automobile exception. Under this exception, a law enforcement officer has the ability to conduct a search on a motor vehicle without a warrant. The idea being, given the mobility of a vehicle, it is easy for evidence to get tampered with or discarded during an investigation. While I do understand the concept of evidence preservation, I personally feel that this particular exception gives too far of a grey area allowing for the abuse of law enforcement abilities.

Comment:

One of the cases that we reviewed in class was then one with Danny Kyllo. This was were Kyllo argued that the use of thermal imaging was against his rights, since they didn't have a warrant. In my opinion, I don't think that this was a violation of his rights since the person using the device was outside in a public place. I feel like the search and seizure should be at any probable cause, especially at places like schools, churches, sports events, or any event with mass gatherings. Having to get a warrant is not as easy as people may think; the police officer has to make a sworn affidavit that is precise and with as much information as possible because then it has to be seen by a judge or magistrate.  Then, the judge has to see if the information given if enough for a search, and if given, the warrant will explain who, what, and where the search can be made. I feel like, if there is probable cause than a search and seizure can be justified.

Comment: