Term Paper on "Constitutional Law"

Term Paper 9 pages (2969 words) Sources: 1 Style: MLA

[EXCERPT] . . . .

Constitutional Law

There are a number of amendments to the U.S. Constitution, but perhaps none so broad reaching as the Fourth Amendment. Covering a vast number of privacy issues, the Fourth Amendment has been the subject of Supreme Court battles for decades, particularly in the area of vehicle searches, and consent to search issues. This paper will discuss the Fourth Amendment, particularly the section related to vehicle searches, and will discuss Federal and State case law involving the Fourth Amendment.

The Fourth Amendment of the U.S. Constitution, also known as the search and seizure law, states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (United States Constitution, Fourth Amendment).

Put more simply, the Fourth Amendment protects individuals from unreasonable searches by government officials. According to the amendment, only searches done with probable cause, or with a warrant, are constitutional. In addition, only warrants which specifically entail persons and things to be searched fall under this amendment.

When originally drafted, the Fourth Amendment sought to protect the colonists from unreasonable search and seizure in smuggling cases. Prior to the Amendment, the English authorities used writs of assistance, or general warrants that authorized officials to search anything and seize any goods. These writs remained in effect for the lifetime of the king. In 1760, when King George II passed away, these writs were challenged by James Otis on the grounds these writs went against the English constitution (FindLaw, "History."). As a result, when the Amendments to the United States constitution were drafts, a protection of unreasonable search and seizure was included in the rights of the people.

However, there are a number of cases in which the Supreme Court of the United States have handed down decisions that question whether this Amendment is to be read in one piece or two (FindLaw, "Scope of the Amendment.") In other words, courts over the years have been torn as to whether the intention of the Amendment was to protect against those searches done without a proper search warrant, or whether it was designed to mean some searches are "reasonable" even without warrant. While seemingly semantic in content, this issue has given rise to a number of exclusions within the Fourth Amendment.

One such exclusion involves the searching of vehicles. With the introduction of the automobile in the United States, the Supreme Court early on made a specific ruling related to vehicle searches. In 1925, the case of Carroll v. United States brought to the forefront the issue of search and seizure in relation to vehicles. The case involved the search and seizure of illegal alcohol from the vehicle of Carroll during the era of prohibition. Carroll sued for a violation of his Fourth Amendment right, since the officers searching the vehicle did not have a warrant to search, and in addition, did not have probable cause. In their decision the court noted the intent of Congress to make distinction between needing a search warrant for the search of a home and needing one for the search of road vehicles was established through legislative history, and that such a distinction was in line with the Fourth Amendment. Additionally, the Court found that the officers had probable cause, since the defendants were known bootleggers in the area, and the smell of alcohol could be detected within the vehicle. The final decision was that the Fourth Amendment did not condemn all search and seizure, but only those deemed unreasonable (267 U.S. 132, 1925.) Additionally, the decision noted a vehicle can be searched in the officer doing the search has probable cause the vehicle contains contraband (267 U.S. 132, 1925.) The court pointed out that if a search warrant were required, the vehicle could be moved or cleared in the period needed to obtain the warrant.

In addition to the separation of a warrant-required search and a probable cause search, the issue of the waiver of Constitutional rights, and consent to search has also been brought to the forefront of the Fourth Amendment argument. As early as Amos v. U.S. In 1921, the issue of consent to search was argued. In this case, officers illegally obtaining evidence through a search of Amos' home sought to show they had a right to do so, in that the wife of Amos allowed the officers into the home, thereby, according to the case, consenting to waive the Fourth Amendment right. However, the officers did not have a search warrant, the defendant was not home at the time of the search, and the officers presented themselves to the woman in such a way as to imply refusal to search was not an option. The court in the case decided that, in this case, implied coercion of the officers combined with a lack of information for the wife meant that any consent given was not given intentionally, and thus, was not valid (255 U.S. 313, 1921.) However, this decision did clarify the right of an individual to waive their Fourth Amendment rights, and allow a search without warrant.

However, because of the delicate nature of such a right, the Court has also decided in previous case law that such consent must be proven by the prosecution, in order to show the waiver was truly voluntary and that the individual in question was aware of the right to choose (FindLaw, "Consent Searches.") In Bumper v. North Carolina in 1968, the Supreme Court ruled that evidence found during a rape investigation could not be used against Bumper, the defendant, due to a Fourth Amendment violation. According to the officers in the case, the search conducted in the home of the defendant preceded with officers stating they had a warrant to search the premises, at which point they were told by the resident to continue. The Court decided that by stating they had a warrant, when in fact they did not, overrode the consent given by the resident (391 U.S. 543, 1968.)

In another case, that of Johnson v. United States in 1948, the Court determined that anyone consenting to a search without warrant had to first understand such consent was voluntary. In the case, the defendant in question was presented with officers demanding the right to search under color of office. The defendant allowed the search, during which narcotics were discovered. The Court decided that the resulting consent to search without warrant was given only in submission to authority, rather than in an understanding that the consent was voluntary (333 U.S. 10, 13, 1948.)

However, even in light of the above decision, the knowledge of the right to refuse consent is not necessary in order to be voluntary. In other words, officers are not required to inform an individual with his or her rights. Instead, any court review must determine on circumstantial evidence in the case if consent is given freely, or if such consent has been coerced, either through intimidation or a lack of knowledge of the right to refuse consent (FindLaw, "Consent Searches.") In 1973, in the case of Schneckloth v. Bustamonte, it was argued by arresting officers that the defendant gave consent to search his vehicle without coercion or force, and that evidence obtained during the search should be admissible. The defendant, on the other hand, believed he was not aware that such consent was voluntary, and thus, the evidence should be excluded. In the Court's decision, they noted that, if a defendant is not in custody, and if a search is done, the State must then prove in court that any consent given was voluntary. While the knowledge of a right to refuse consent is to be taken into consideration, it is not necessary to prove voluntary consent to search (412 U.S. 218, 1973).

Still further, the issue of consent to search items within any property for which consent is given is another issue. In the case of Florida v. Jimeno in 1991, the issue of whether an officer had a right to open containers within a car to which the owner had consented to a search was examined. In the case, narcotics were found in a closed container only after Jimeno gave consent for the officer to search the vehicle. The defendant claimed a violation of his Fourth Amendment right, since his consent to search the vehicle did not apply to closed containers within the vehicle. The Court decided the officer had reason to believe the consent to search applied to the vehicle, and all contents within (500 U.S. 248, 1991.)

However, not all Court findings support the right to search a vehicle, even with consent, if the consent is not expressly given with knowledge of a right to refuse. The New Jersey Supreme Court ruled in NJ State v. SJ Carty in 2002… READ MORE

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