The Fourth Amendment, Search and Seizure Essay Example | Topics and Well Written Essays - 1000 words

The Fourth Amendment, Search and Seizure - Essay good exampleThis paper discusses a case about the violation of the Fourth Amendment exposing the dynamics of its interpretation and application. The case amongst Brigham City and Stuart of 2006 is an exemplar of search and seizure cases. Brigham City police responded to a call that came in at around three oclock in the morning. The call was a complaint about a loud party in a certain neighborhood in Brigham. On arrival to the admit in question, the police confirmed that indeed there was shouting and drinking. The police observed some individuals chip in the kitchen, and an officer entered the house and announced his presence. The officer arrested the adults present at the scene and pressed charges against them including promote delinquency. The trial court allowed the suppression of the prosecutions evidence and Utah Court of Appeals affirmed this suppression (Schulhofer, 2012). The suppression of evidence was on the basis that t he officers entry into the house was warrantless hence violating the Fourth Amendment.Utah bring up Supreme Court affirmed this decision suspending any claim on the emergency aid dogma and exigency of the situation. The court cited the absence of an objectively reasonable belief that there was a missing, semiconscious or unconscious person on the premises. It was this notion that the court used to suspend any claim on the emergency aid doctrine. The emergency doctrine excuses individuals from acting reasonably in lieu of an urgent enquire to offer aid in an emergency situation. The court suspended the doctrine also because the officers acted in the efficiency of law enforcers and not in assistance to the injured individual. The court refused the exigency of the situation as it lacked prospect about the officers warrantless entry (Clancy, 2008). The Supreme Court reversed the case and referred it back to court for fresh minutes varying from the initial judgment. The concept of reasonablenessthat is central to the provisions of the Fourth Amendment allows some exceptions to the need for a warrant.