4th Amendment

Exception’s to the 4th Amendment: Part 2

US-Constitution-We-The-Peop

This is part 2 of a 2 part series in Exceptions to the 4th amendment of the United States Constitution.

If you did not check out my part1  post, please feel free to do so. This second part will contain information on abandoned property and private party, like farms and patio’s. An exception to constitution say’s if you intentionally abandon your property, it is fair game for anyone, including the POLICE. Now if you were to lay something down for a few minutes with the intention of coming back to it, that would not apply here. A popular example is when you put your trash out for the garbage collectors. Usually, the garbage is technically just off your property and you have abandoned, by placing it there, never expecting to see it again. Most, people would believe you have lost your expectation to privacy by doing that. So, now anyone can look through your trash.

Another exception is something called the Open Fields Doctrine. This rule talks about farms, patios, and garages that may or may not be attached to a home. Because anyone could walk onto these premises people loose their expectation of privacy here. So if you have marijuana on your porch, in plain view the police do not need a warrant.

Exceptions to the 4th Amendment; United States Constitution

The 4th amendment, which protects us from unreasonable searches and seizures does have a few exceptions.  These are things seen in:

 

1. Public Places

2. In Plain View

3. Open fields ( like farms, patios, and garages.

4. Abandoned Property.

 

For this blog post I’m going to talk about the first two, the other two will be in a later post.

 

If a criminal act or evidence is seen in a public place, the police do not need a warrant. This is because citizens don’t have an expectation of privacy in parks and other public settings.

 

When it comes to plain view officer’s must be at a legal vantage point. By that I mean they must be there legally. They also must use ordinary senses. This means no special camera’s, smelling devices, possibly dogs, things like that. If they don’t see it or smell it  is not there, legally.