blog




  • Essay / Arizona V. Hicks - 732

    If the officers had obtained a search warrant, everything would have been fine provided they included the stereo equipment as an item to be searched. The biggest problem that existed in this case and how it relates to the Constitution as I see it is why the agent went beyond the "plain view" doctrine. He should never have moved the stereo to record the serial number. The Fourth Amendment is clear on how to search; this officer clearly conducted an unreasonable search and seizure regarding the stereo. The Fourth Amendment clearly states that you must have probable cause, not reasonable suspicion, to conduct a search. And it also says that if you do a search, it should always only be the original search that you have confirmed and not go beyond that. Some solutions that I think could improve the Constitution are nothing. The Constitution makes it clear what to do and how to do it, when it comes to the Fourth Amendment. This case is a good example of how not to do research, regarding "plain view »”