American Constitution Law 2 J Essay Example | Topics and Well Written Essays - 500 words

American Constitution Law 2 J - Essay ExampleReasonableness of a search depends on the balancing of the interests of individuals and public safety.In terrycloth v Ohio (1868), the jurisprudence incumbent stopped and frisked three odd persons after watching them for some time moving around at a plant suspiciously. The police did not have a warrant. In the search, they could see two revolvers from the persons of the suspicious people. It was the case of the defendant Terry that the prove was not admissible as it was obtained from a warrantless search mandated by the Fourth Amendment. The Supreme philander held that the warrantless search was valid since there was a reasonable suspicion aroused by the conduct of the persons implicated on a street (Mason & Stephenson, 2012).Search and arrest warrant governed by the Fourth Amendment should be plunk for by a probable cause that can include hearsay evidence, reliable witness report, and the officers own logic and experience. Hence, unless there is a probable cause, administration will not phone number a warrant to search or arrest a suspect. For search warrant to be issued, the court moldiness be satisfied that the officers description in the warrant application rough the items connected to the crime he is investigating with the justification of the belief about their existence and place at which the items could be found. In respect of an arrest warrant, the warrant application should state and provide sufficient evidence and logic to substantiate the suspects involvement in a particular crime below investigation. Further, there must be provided very specific information on a particular target sought to be arrested or searched. Hence, a random or generalized arrests or searches are not permissible under the Fourth Amendment (Mason & Stephenson, 2012).Therefore, a search warrant should have the full address, specific room or place at the given address, with the objects and papers and information to be