Question

Why are exceptions to the warrant requirement sometimes allowed? Do you feel exceptions should be permitted? Explain your reasoning using at least three sources (only one source may be your text book and the other two must be from peer reviewed journals). Please adhere to the syllabus and rubric guidelines.

Answer 1

answer-

We learned in our class about Fourth amendment of US constitution which protect us from unreasonable searches and seizures by law enforcement officers. In order to search our premises like house then police officers need legal warrant to do that. There are some exception to the warrant requirement which allow Police officers to search and seize in order to stop crime incidents, to safeguard the safety of people and country and person who is likely to commit a crime will not hide or destroy evidence.

The exceptions to warrant requirements are First consent in which if a person gives thier consent freely to search thier premises then there is no need of warrant. second, Plain view exception under which a office present on premise and found evidence legally then no need for warrant.third search incident to arrest exception which state that there is no need of warrant if person is legally arrested then office can search and seize their property.Fourth is autombile exception which state if there is reasonable grounds that person has illegal substance like weapon, drugs etc.Fift is hot pursuit if evidence can be moved, destroyed or tempered easly then there is no need for warrant.

I feel exceptions should be permitted so that justic can be served on right time. If a office wait for issue of warrant and some crime was happening in building like drug dealing then office could not do anything. This can only be stopped righ away without need of warrant and so many lives can be saved because In 2018, 67,367 drug overdose deaths occurred in the United States.( CDC report).

If Office see that there is gun lying on front seat of car and person is going to murder someone but office could not do because he needs warrant then it is not logical at all. Planview and automobile exception is needed to catch that person and lock him behind bars.

ref-

Drug Overdose Deaths | Drug Overdose | CDC Injury Center from CDC gov

Exceptions to the Warrant Requirement from lawshelf