Fifteen years ago, drugs found during a warrantless home entry were inadmissible as evidence in court. Today, they are admissible. Exceptions on the requirement of warrants have increased, with an inclination to narrow the use of the requirement to criminal cases. The most significant category of warrant exclusion involves administrative searches with a justification of needs beyond law enforcement. Thus, warrantless searches are upheld by administrative authorities in various locations and homes to the extent of conducting drug tests on employees in public transport ( Turner et al., 2016 ). In such instances, the probable cause and warrant requirements are meted as per the standard of reasonableness which acts as a balance between the regulatory interests of the government and one’s privacy.
In some of the cases, the court looks at the scope of the incident and considers the circumstances of the search. For instance, if the officers have a reasonable belief that a home acts as a distribution point for drugs, they could undertake a warrantless search and use the evidence in court ( Mason & Stephenson, 2015) . Another matter in the scope of warrantless searches is the premise that the fourth amendment seeks to protect privacy rather than property. As such, government officers have the right to search and seize evidence without being considered to have invaded on the person’s privacy. However, with the technological advancements, it becomes increasingly important to protect homes from such equipment that has ability to determine all the activities taking place in the home ( Yoo, 2014) .
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In a different scope individuals on parole may have a low expectation of privacy in their homes hence the parole officer can conduct a warrantless search if they have suspicion that the individual has reverted to criminal behavior ( Mason & Stephenson, 2015) . Such circumstances depict the balance between the interests of the government in enforcing law and the individual’s privacy. Therefore, with a justification on the reasonableness of the intrusion, warrantless searches have managed to avail convincing evidence in courts.
References
Mason, A. T., & Stephenson, G. (2015). American constitutional law: introductory essays and selected cases . Routledge.
Turner, J. R., Hemmens, C., & Matz, A. K. (2016). Is it reasonable? A legal review of warrantless searches of probationers and parolees. Criminal Justice Policy Review , 27 (7), 684-701.
Yoo, J. (2014). The Legality of the National Security Agency's Bulk Data Surveillance Programs. Harv. JL & Pub. Pol'y , 37 , 901.
