Describe the type of search the framers of the Constitution prohibited through the Fourth Amendment.
Describe the type of search the framers of the Constitution prohibited through the Fourth Amendment.
- Competency 1: Describe how historical problems were managed in the evolution of the U.S. Constitution.
- Competency 3: Explain the substantive and procedural interpretations of individual freedoms based on case analysis.
- Competency 5: Communicate effectively in writing. Describe the type of search the framers of the Constitution prohibited through the Fourth Amendment.
- Explain how prohibiting that type of search would address historical problems.
- Fast-forwarding to today, you are a police officer getting ready to request a search warrant for an apartment suspected to contain illegal drugs. You know that warrants are generally issued with a knock-and-announce requirement. You are concerned that the occupants will destroy the evidence, and you have heard that some judges will give police a no-knock warrant authorizing officers to enter certain premises without first knocking and announcing their presence or purpose. Using Nexis Uni research for your state, locate one case that provides insight into whether this type of warrant should be requested, and apply the case to the determination by reaching a supported conclusion.
- Assume the warrant was requested. Upon arrival you look in the window and see that the drugs are in plain view near the front door, out of reach of any of the occupants. Determine whether you should ignore this new information and enter without announcing. Cite one case from your state to support your position.
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