What Violates The Fourth Amendment - 1194 Words

What Violates the Fourth Amendment? â€Å"Unreasonable search and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.† – Amendment IV The most controversial aspect of the fourth amendment is the debate over what constitutes as a legitimate search. Since the amendment’s addition to the constitution on December 15, 1791, citizens have questioned police action. The case of United States vs. Jacobsen states that â€Å"A seizure of property occurs when the government meaningfully interferes with a person’s possessory interest.† With this great debate in effect, a theory was introduced called†¦show more content†¦However, before this case, the case of Terry vs. Ohio also helped set the investigatory bar. Terry vs. Ohio involved the Supreme Court’s decision in deciding whether it w as of reason for a police officer to stop a person and search him, when less than probable cause for an arrest was present. The consequences presented in Terry vs. Ohio were put forth but examination of the â€Å"reasonable balancing test.† By doing so, a balancing test that has a wider variety of causes is now in effect. In this landmark case, it was held that policemen are permitted to perform a â€Å"stop and frisk† pat down, if there is reasonable suspicion that the person is presently dangerous and carrying a deadly weapon. This â€Å"stop and frisk† method was later extended to vehicle arrests as well. After the case of Terry vs Ohio, this wider variety of the balancing test came into effect the case of Louisiana vs. Morgan. In this case, Johnny Morgan was observed walking at a rather quick pace, late at night, at a poorly lit area, by a policeman named Sergeant Brown. After realizing that it was a deputy watching him, Morgan fled and was apprehended by Br own. After noticing the man sweating and seeming to grow nervous, Brown found what looked to be a crack pipe. Crack cocaine was also discovered in the defendant’s pockets. Morgan was arrested a hauled off to jail where he was charged with possession of