New Works 06/01

Sai Work:

Every citizen has a legal right to secure their items, related properties, documents against any illegal searches or seizures without a proper warrant. A warrant will be given, and seizing can search for their houses or place when an individual is involved in any illegal activities.

Collins v. Virginia. In this case, the police were trying to locate a motorcycle driver who had twice eluded the police at very high rates of speed.  In one of these incidents, an officer had been able to video record some of the incidents.  As a result, police were able to identify the license plate on the motorcycle.  A computer search of the plate number indicated that the plate was inactive.

When the police questioned the last person listed as the motorcycle owner, that person indicated that he had sold the motorcycle to Ryan Collins.  When the police accessed Collins' Facebook page, they saw a picture of a motorcycle that looked very much like the motorcycle that had eluded the police.  Through some police sources, the police were able to determine the address of the place where the motorcycle photo had been taken (Call, 2018).

When the police arrived at this address, they saw a motorcycle under a tarp parked a car length or two up the driveway from the street.  The motorcycle that had eluded the police had a distinctive appearance, having been "stretched out" for apparent drag racing.  The motorcycle under the tarp had this same "stretched out" look.  The officers pulled the tarp up so they could access the VIN on the motorcycle.  A record check of the VIN revealed that it had been stolen (Call, 2018).

The Court has held that the police may search a motor vehicle without a warrant because of the reduced expectation of privacy associated with vehicles so long as the police have probable cause to think the vehicle contains contraband or evidence of a crime and the vehicle is readily mobile. Although the Virginia Supreme Court held that the police did not need a warrant, its decision failed to clarify just when the police do need the warrant to search a vehicle on private property.  The U.S. Supreme Court will have the opportunity in Collins to clarify this issue (Call, 2018).

Conclusion:

The Fourth Amendment's law does not exist except any anyone to permit without a proper warrant to search any private property or vehicle. So even justice has given the same statement that according to the Fourth Amendment jurisprudence regarding the home and private vehicle search should not allow police officers to enter into collin's private property to search his vehicle without a warrant. Agree that warrantless searches of automobiles are permissible in limited circumstances but not permissible to enter into someone's property without warranty is not permissible.

Reference:

Call, J. E. (2018). The 2017-18 Supreme Court Term: The Court's Focus on Privacy Issues. Retrieved March, 31, 2021 from https://www.radford.edu/content/cj-bulletin/home/march--2018--vol-3--no-1-/the-2017-18-supreme-court-term--the-courts-focus-on-privacy-issu.html

Akshay Work:

In the context of search and seizure, there are additional protection offered for the individuals. For instance, Florida courts have to interpret the search and seizure in conformity with Fourth Amendment of the country. In Idaho it is different situation wherein the exigent circumstances are defined. There is a mention of compelling or exceptional circumstances enabling the police to search, enter, seize and arrest without requiring the warrant. This also includes unannounced entries for search activities (Find Law, 2019).

This is a case between Terence Byrd and the trooper in US. Byrd was driving the fiancée’s car and after the car was stopped, Byrd was acting suspicious and admitted that the car had marijuana cigarette. Trooper started searching the car and Byrd’s consent wasn’t needed as Byrd wasn’t the owner of the car. Byrd expected certainly levels of privacy because with the permission of fiancée Byrd did keep some of the belongings in the trunk. In this case the search isn’t valid because Byrd wasn’t the owner of the car. According to Fourth Amendment, it would definitely impact the privacy of Byrd. Considering all these factors it is clear that it is better to have a warrant.

References

Find Law (2019). Sample state court decisions on search and seizure. Retrieved https://www.findlaw.com/criminal/criminal-rights/sample-state-court-decisions-on-search-and-seizure.html