Question

An officer enters a home by lying to the home owner by saying she has a search warrant. The owner of the home was never shown the warrant and the officer finds drug paraphernalia and a small baggie of cocaine. They arrest the owner of the home. In court, the owner of the home asks that the evidence not be admitted due to the false warrant. What would the Supreme Court rule? Which case provides precedent for this situation that falls under the 4th Amendment?

Answer 1

Answer:- Fourth Amendment of the American Constitution allows police officers to conduct searches of home, people and their possessions. It applies in entire nation. Fourth amendment also have some protection against unreasonable searches and seizures in the Constitution. In U. S. Constitution if search occurs without violation of reasonable expectation of privacy or physical intrudes then 4th amendment protections don't apply.

Exigent circumstances :- police officer doesn't need any warrant in case of exigent circumstances. During urgent situation when someone may be hurt, killed or evidence may be destroyed. Police officers can act without warrant. Exigent circumstances arise mostly in home investigation /search situations. Police officer don't need any warrant if they heard yelling, screaming and breaking of things (glasses, utensils, Tv) that is coming from home.