Introduction
Police officers exist in our daily lives as they are tasked with maintaining law and order to enhance security to us and the country at large. People engage in criminal activities that require interventions from police officers at times. Some illegal activities require the police to unravel a couple of events to arrest and incriminate those responsible. To do so, they are required to search and seize information and certain assets possessed by those involved. Consequently, for the police to search and seize anything from us, there is the need for a warrant, as expressed in the 4 th amendment act of the Rights Bill. They are also required not to conduct unreasonable searches and seizures without probable cause.
Fourth Amendment and Unreasonable Search and Seizure
1 . Explain the purpose of the Fourth Amendment.
The 4 th Amendment acts towards defending American citizens in general. It forbids perverse search and seizure while requiring any search warrants to be authorized and be supported by probable cause ("SEARCH AND SEIZURE", 2020) .
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2. Was a government actor involved in the seizure of Simon's minnows?
Yes. During Simon's seizure, the police officer acted as the government actor. Since the officer represented the body of the government, he is subject to conducting regulations, as stated by the Bill of Rights, including not the 4 th Amendment. Simon's had his rights violated, and he was supposed to demand a search warrant.
3. Was there a legal basis for confiscating the minnows? Explain
To the extent a legal basis might go, it is a yes to me. It is because the policeman expressed that the minnows were illegal and also thought they were bought not from State A but State B. With the kind of this information, the officer had a lawful basis. Still, regarding the Fourth Amendment, the policeman was doing wrong.
4. Did the seizure of the minnows from Simon's car require a warrant? If not, did the confiscation of the minnows meet the warrantless search exception?
There was the need for a permit for the search and seizure of the minnows. In the meantime, the officer acted as a body of the government, and Simon was pulled over and asked, at this point, the permit was required, or Simon should have asked for the search permit.
5. Did the seizure of the minnows meet the probable cause standard? Explain.
The minnow’s confiscation by the officer met the probable cause. Simon was asked about the minnows by the police officer, who continued to state they were illegal. At this point, the policeman had a probable cause as witnessed that Simon had minnows in the vehicle. What the officer did not know at that time was the State of origin of the minnows. However, If Simon could have proved the location bought his minnows, the policeman would have preceded with a permit or tell Simon to go.
The Fourth Amendment and How it Protects Citizens and Others
In the United States, the 4 th Amendment protects individual privacy and other native's right of being free form perverse intrusion from the government in their individuals, businesses, and homes via stops by police whether on the streets, arrests, or pursuits of homes as well as businesses ("4th Amendment Search and Seizure Protections - FindLaw", 2019) . The Fourth Amendment, "search and seizure," acts in providing individuals with safeguards during searches and detentions while preventing illegitimate detained items from being used against the defendant as evidence during criminal cases.
Analysis and conclusion on whether or not Simon's Fourth Amendment rights were violated.
His Fourth Amendment rights were violated during the annexation of the minnows by the police officer. The policeman who acted on behalf of the government body needed to possess a permit to search Simon's truck. The search and seizure by the officer were irrational, even though he had a probable cause, the officer lacked a warrant to validate his search.
Conclusion
The 4 th Amendment Act was provided to safeguard citizens from being intruded irrationally by the police in the name of "search and seizure." Privacy is a fundamental right that should be enjoyed by every citizen; hence, police officers should observe the rights to privacy and should not express cruelty to citizens by searching and seizing information or assets from a citizen without probable cause and without permission to do so by the relevant authorities.
References
4th Amendment Search and Seizure Protections - FindLaw. FindLaw. (2019). Retrieved 12 May 2020, from https://criminal.findlaw.com/criminal-rights/search-and-seizure-and-the-fourth-amendment.html.
SEARCH AND SEIZURE. LII / Legal Information Institute. (2020). Retrieved 12 May 2020, from https://www.law.cornell.edu/constitution-conan/amendment-4/search-and-seizure.
