The Pros And Cons Of The Fourth Amendment - 1031 Words

The Fourth Amendment is the right for people to be secure in their homes, papers, and effects against unreasonable search and seizure. The amendment also states that warrants will not be issued unless they are issued under probable cause. This amendment is the biggest factor in the case of Omaha Herald v. Police, however, this case cannot as easily be defined by the Fourth Amendment can be and there are arguments and cases which can be made for both sides. In favor of the Omaha Herald: The Privacy Protection Act of 1980 protects journalists from being required to turn over to law enforcement any work product and documentary materials, including sources before it is disseminated to the public. Journalists who most need the protection of†¦show more content†¦So, according to this case in this scenario, the police are in the wrong. The police are not allowed to issue a warrant to search for evidence because O’Riley isn’t suspected of criminal conduct nor is anyone at the Omaha Herald. In favor of the police: In the 1987 case of Maryland v. Garrison, Garrison was convicted of violating Maryland’s Controlled Substances Act and Maryland filed and received a search warrant. However, the warrant only stated the premises known as 2036 Park Avenue third floor apartment but there were two apartments on the third floor. Before the officers executing the warrant became aware that they were in a separate apartment occupied by defendant, they had discovered what they needed for convection. Garrison sued claiming that the seizure was prohibited by the Fourth Amendment. However, the court ruled that the warrant was valid when it was issued and the way it was executed was reasonable. The validity of the warrant was assessed based on the information the officer disclosed and the fact the warrant was reasonably executed as stated in the warrant itself and was within the realms of the Fourth Amendment. Taking this into account would mean that since the warrant was reasonably served to Chester O’Riley and then also reasonably executed, and the officers only obtained what was pertained to their investigation The 1972 case of Branzburg v. Hayes, Branzburg, one of the petitioners, observed the making of hashish from marijuana and wasShow MoreRelatedThe Fourth Amendment Of The United States Constitution1327 Words   |  6 PagesThe fourth amendment to the United States Constitution is part of the Bill of Rights, and was introduced to Congress by James Madison in 1789. The role of the Fourth Amendment is to prohibit unreasonable search and seizure and a warrant is to be required that is supported by probable cause. Even though the Amendment was introduced in 1789, it wasn’t adopted as an official amendment until 1792, because in December of 1791 three quarters of the states had ratified the amendment. 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