Thursday, October 31, 2019
Supreme Court Holdings Essay Example | Topics and Well Written Essays - 500 words
Supreme Court Holdings - Essay Example United States, 365 U.S. 505, 509 -512 (1961).â⬠2 ââ¬Å"[This] however, [which held] that, when the Government does engage in physical intrusion of a constitutionally protected area in order to obtain information, that intrusion may constitute a violation of the Fourth Amendment even if the same information could have been obtained by other means.â⬠3 The search and seizure in U.S. v. Karo was highly unusual. However, it was held that ââ¬Å"[t]he evidence seized in the house in question, however, should not have been suppressed with respect to any of the respondents.â⬠4 ââ¬Å"The information that the ether was in the house, verified by use of the beeper without a warrant, would be inadmissibleâ⬠¦invalidat[ing] the search warrantâ⬠¦Ã¢â¬ 5 So, even though the search warrant was eventually inadmissible, there was enough evidence that was pertinent to the case which was not tainted which allowed for the defendant to finally be prosecuted. ââ¬Å"[This premise wonââ¬â¢t] be violated,â⬠¦no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.â⬠7] To this writer, what is particularly disturbing is that the Fourth Amendment does not guarantee completely against unreasonable searches and seizures, as the plaintiff in Knotts and the defendant in Karo were both subject to actions basically without warrants. Further, what is more cogent is that one needs to impress upon those in power that the authorities must ââ¬Å"obtain a search warrant from a magistrate by showing the need for it, and to conduct themselves according to law. This is an important guarantee of the right of privacy.â⬠8 To the naked eye it seems that Constitutional rights were violated. In both cases, sufficient evidence was supposedly later found to corroborate with not having invaded personal privacyââ¬âand if personal privacy was invaded, Constitutional
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