A Brief Note On Warrantless Search And Seizures

Brigham Young, states “True independence and freedom can only exist in doing what’s right.” Without doing what is right, true independence and freedom can’t exist. Depriving the right to privacy for a citizen occurs when a warrantless search or seizure takes place, it also denies security of the citizen. Warrantless searches and seizures are mostly not justified by the law. The safety of a citizen is affected from unfair and unwanted arrest. With a probable cause and a warrant in place, the search or seizure may take place and be appropriate; without a probable cause and warrant, the search or seizure is not reasonable. Unreasonable, warrantless searches and seizures should not take place because it violates the Fourth Amendment of the U.S. Constitution by depriving the right to privacy, the search or seizure will not be justified by law, and it will affect the safety from unfair and unwanted arrest; however, if a
search warrant is present and a probable cause is in place, the search or seizure is reasonable.

Unreasonable, Warrantless searches and seizures should not take place because it violates the Fourth Amendment of the U.S Constitution by depriving the right to privacy. A search is when an individual's privacy is violated; the privacy of an individual is violated by a Government employee or agent. When a search occurs, a warrant must be present or the privacy of the individual is deprived; one’s privacy is also deprived when a warrantless seizure occurs. The seizure of property is when the government takes possession of an individual's property. Warrantless seizures of property are mostly prohibited, unless there are justifiable expectations. The Wall Street Journal stated, "you can’t have a hundred percent security and then have a hundred percent privacy and zero inconvenience." Either the privacy, or the security of an individual will not be fully met without any inconvenience, the individual must realize this. The Fourth Amendment of the U.S Constitution will also be violated by affecting the safety from unfair and unwanted arrest.

Unreasonable, warrantless searches and seizures should not take place because it violates the Fourth Amendment of the U.S Constitution by affecting the safety of unfair and unwanted arrest. Unwanted arrest may occur during Seizure of a person, which is when “police conduct talking to them about certain circumstances”, a person being seized is not free to ignore the police, nor are they allowed to leave at their own will. Also, the person being talked to by police, must listen to the police until other arrangements or circumstances are under way. If a police officer “fails to demonstrate exigent circumstances”, then a warrantless arrest will be invalidated. Likewise, a police officer may demonstrate exigent circumstances; if exigent circumstances are taken, then the warrantless arrest to be validated. The Wex Legal dictionary stated, “The person being seized must submit to authority.” The authority will seize a person if they submit to it; the police may apply slight force as needed. The Fourth Amendment of the U.S Constitution would also be violated if unreasonable, warrantless searches occurred, because the search or seizure would not be justified by law.

Unreasonable, warrantless searches and seizures should not take place because it violates the Fourth Amendment of the U.S. Constitution, by not being justified by law. The NSA goes to the FISA court to get the kind of warrant needed for going through metadata, if the warrant is issued, then the NSA may go through the metadata. When the NSA goes to the FISA court, it means that the surveillance requires judicial oversight. Also, if the “intelligence committee” wants to listen to a phone call, then they have to take special measures such as a federal judge. But, the intelligence committee may not just listen to a phone call, the only measure that the intelligence committee can do without taking special measures is observe the length of a phone call. Warrantless searches and seizures are not justified by law, A search or seizure is generally illegal without a warrant, subject to only a few exceptions. If the search or seizure is taken without a warrant, then the officer must identify why the event occurred without a warrant. However, If a search warrant is present, and a probable cause is in place, then the search and seizure is reasonable.

The Fourth Amendment of the U.S.
constitution will not be violated if a search warrant is present, and a probable cause is in place, the search or seizure would then be reasonable. According to the Wex Legal Dictionary, “all searches and seizures under the Fourth Amendment, must be reasonable.” If the search or seizure is not reasonable, then there is most likely no probable cause in place. No excessive force shall be used; excessive force is an issue determined by the jury. For example, if excessive force is used, the police officer may be held liable (Wex Legal Dictionary). Salon.com states that the “FISA court will only issue a warrant if a probable cause is in place.” Without probable cause, warrants will not be issued, meaning that the search or seizure is now violating the Fourth Amendment of the U.S. constitution. In summary, if a search warrant is present and a probable cause is in place, the search or seizure is reasonable; however, in opposite circumstances the search or seizure would violate the Fourth Amendment of the U.S.
constitution.

During a search or seizure, violations may occur; the Fourth Amendment of the U.S. Constitution is often violated if a probable cause is not in place, and a warrant is not present. Without a warrant or a probable cause, the violated search or seizure deprives the right to privacy, the event will not be justified by law, and the safety will be affected from unfair and unwanted arrest. Without doing what is right, true independence, and freedom can’t exist.