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

The 4th Amendment, Search and Seizure - Essay ExampleThis paper discusses a case about the violation of the Fourth Amendment exposing the kinetics of its interpretation and application. The case between 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 deuce-ace oclock in the morning. The call was a complaint about a loud party in a certain neighborhood in Brigham. On arrival to the house in question, the police confirmed that indeed at that place was shouting and drinking. The police observed some individuals fighting in the kitchen, and an officeholder entered the house and announced his presence. The officer arrested the adults present at the scene and pressed charges against them including encouraging delinquency. The trial court allowed the suppression of the prosecutions evidence and do court of justice of Appeals affirmed this suppression (Schulhofer, 2012). The suppression of evide nce was on the basis that the officers entry into the house was warrantless hence violating the Fourth Amendment.Utah State Supreme Court affirmed this decision suspending any claim on the emergency attend doctrine 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 need to offer aid in an emergency situation. The court suspended the doctrine also because the officers acted in the capacity of law enforcers and not in assistance to the injured individual. The court refused the exigency of the situation as it lacked persuasion about the officers warrantless entry (Clancy, 2008). The Supreme Court reversed the case and referred it back to court for fresh proceedings varying from the initia l judgment. The concept of reasonablenessthat is central to the provisions of the Fourth Amendment allows some exceptions to the need for a warrant.