Page 62 - January 2020 IIssue new year

The Fourth Amendment Wthin the Criminal Justice System

investigation was not done in a case, does not neces- legal searches would be

in the defendant’s home. sitate a warrant. It might unlimited. Surveillance B
This will also lead me to exonerate the government and invasion of privacy R
conclude that insisting on agents from issuing a war- can be achieved from any O

the terms “his home” let rant before searching and place in the world. W
us assume that whether a seizing a house or a car A

person is at home or not for example. If this theory Nevertheless, the freedom R
will tip the outcomes of a stands, can we presume intended by our Constitu- D
ruling. that the shared ownership tion is not absolute, it has

When a house is a “prop- should include an addi- limitations specially when U
erty” or “their property” tional warrant or a warrant a lawful reason to act exist N

it means that the person under a different person, and the public good justi- I
really and fully owns the what if the house is par- fies police action. In more V
house as defined under tially owned by a mort- than one case, the U.S. E

the legal terms, otherwise gage company or other Supreme Court stated that R
it merely stands as if the shareholders, shouldn’t Law enforcement officials S

citizen claiming the fourth the warrant be addressed have a duty to protect the I
amendment protection, is to different persons? Think society from crimes and T
just having an interest in about it from a purely le- reasonable suspicion is a Y

the house without being gal point interpreted to the base to act for the public
a full owner (14). Also letter. There is a difference good. Under the heat of 2

based on Justice Sotomay- between protection of an incident or after asking 0
or it gives the power to property and protection of questions and receiving 2
control a property which one’s privacy and whether information about a sus- 0

can extend to control its there is an environment pect or a dangerous situa-
transfer, sale and other harvesting the expectation tion there is an emergency

transactions. Such cases of privacy. and a duty to act that can
will also include a mort- We are not going to ex- be considered a waiver to
gage, a rent or else. When pand our study and touch warrants. The Plain view

a person cannot fully on the type of people cov- doctrine waives warrants
transfer a property, the ered by the fourth amend- under the Horton test and

ownership is questioned. ment or the difference is a limitation to the fourth
In other words, a search between citizens (23) and amendment.
of a house that is not com- regular people because Some of the changes of

pletely and solely owned with the advances of tech- circumstances would in-
by the person involved nology the borders of our clude terrorism attacks,

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