Search, Seizure, and Privacy

By Darien A. McWhirter | Go to book overview

another person is guilty of a crime. Let's say that the police have searched Bill's house in violation of the Fourth Amendment and have found evidence that Fred, who is not living in Bill's house, is guilty of a crime. The police can use the evidence against Fred and Fred has no legal complaint. It was Bill's rights that were violated, not Fred's. If the police tried to use the evidence against Bill he could object and the exclusionary rule would keep the evidence out of court.

The issues of consent and standing can become complex. Often the question is whether or not the person, free of coercion by the police, consented to a search. Also, with the issue of standing, it is not always clear when someone has a legal right to complain about the actions of the police. A houseguest who is temporarily staying with a friend has standing to complain about a search of the house while a guest there but not when he or she is no longer a guest.

While these concepts may seem strange, they go back centuries in English common law and have been brought into U.S. constitutional law by the Supreme Court.


CONCLUSION

This book discusses a difficult and divisive area of constitutional decision making, the right to be free from unreasonable searches and seizures. Those of us who approach the issue today have the benefit of both hindsight and over a century of Supreme Court decisions on the subject. We can see what questions and problems have resulted from particular decisions that could not have been anticipated by the justices who made those decisions.

No matter what a person's opinions are concerning the proper balance between the need for effective law enforcement and the right to be free from unreasonable searches and seizures, it is important to understand what the Court has ruled in this area and why. Disagreement based on ignorance is worthless. Reasoned argument based on understanding and facts is the most powerful weapon anyone can wield in a free society.

-11-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Search, Seizure, and Privacy
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 192

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.