Author Question: What are the requirements for warrants as explicitly stated in the Fourth Amendment? Give an example ... (Read 62 times)

humphriesbr@me.com · **on:** Aug 13, 2018

What are the requirements for warrants as explicitly stated in the Fourth Amendment? Give an example of a situation that would, and another situation that would not, meet these requirements.

What will be an ideal response?

Question 2

The U.S. Supreme Court has clearly ruled that the search and seizure of text messages in a cell phone does not require a warrant.

a. True
b. False
Indicate whether the statement is true or false

bbburns21 · **Reply #1 on:** Aug 13, 2018

Answer to Question 1

The requirements as explicitly stated in the Fourth Amendment are (1) probable
cause, (2) oath or affirmation, (3) specify place to be searched, and (4) specify items
to be seized. An example of a situation that would meet these requirements is a
police officer personally appearing before a magistrate with a sworn statement
stating that the officer had seen the defendant enter his garage at 124 Main Street,
Anytown, My County, My State, carrying ten large plants that appeared to be
marijuana and the officer had approached the driveway to the garage and smelled
burning marijuana. An example of a situation that would not meet these
requirements is a police officer who sent an unsigned note to the judge, asking for a
search warrant to search a white clapboard house in a subdivision of white
clapboard houses, looking for any drugs.

Answer to Question 2

FALSE