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You will prepare and submit a term paper on The Fourth Amendment Appliance. Your paper should be a minimum of 1500 words in length.
You will prepare and submit a term paper on The Fourth Amendment Appliance. Your paper should be a minimum of 1500 words in length. A warrant is only issued when there is a possibility of finding the evidence of a crime or if there is suspicion for someone. If however, the police violate this law and search a place without a warrant then they will not be allowed to use that piece of evidence for that case, this is called as an exclusionary rule. The only time when the police are not asked to look for a probable cause or warrant comes under Community Caretaking because police are meant to serve the people and protect them and hence if any emergency occurs in which they have to arrest someone or chase someone who committed a crime, then they won’t need a warrant. The Supreme Court names this exception as an emergency exception and has linked these emergencies to public health emergencies. Another exception to the requirement of a warrant is for administrative personnel who are also looking out for the public’s health and safety. They are not completely neglected by this law but are generally taken lightly when compared to other law enforcement agencies. The third and last exception to the amendment is for those with special needs and for which issuance of warrants will only lead to a burden on the administration. Examples of such special needs include drug test of students, players etc. A case study present in the literature includes a fire in a furniture store in which the firefighters were allowed to enter the premises without warrant because this was an emergency situation however, they will require a warrant to enter the building again since it is no longer an emergency and no threat exists for the public health and safety. Another such case of violation of Fourth amendment occurred when a fourteen-year-old girl of Safford Middle School, Savana Redding was strip-searched on the basis of suspicion that she possessed ibuprofen. Justice Scouter decided that a school search was only allowed related to the objectives and should not intrude the personal space of anyone.