Consent searches in the Fourth Amendment Essay

The Fourth Amendment provides provisions that shelter citizens from searches and seizures that are unreasonable. However, the individuals may waive their rights by applying to searches. This essay is aimed at listing (Zalman, 2010), describing and explaining the rules regarding consent searches and providing a case study to illustrate the rules.When the judgeship is called up on to determine whether consent was given for a search, it puts into friendliness several issues. The first is that it considers the age, background and mental capacity of the subject. When the officer is quest consent from the subject, he or she should not show weapons as that is considered to be coercive. In short, the officer should not use aggression to get the consent (Stephens & Glenn, 2006). The other rule is founded in the case Monroe v. Pape (1961) and which is based on the clock time the consent is sought. The rule requires officers to desist from seeking consents at night. Attempting to conduct a search at night is seen as evil and in a most obnoxious form (Zalman, 2010).ConclusionIn conclusion, the law provides a electric arc for the rights of protection from searches and seizures and the Fourth Amendment. However, the rules that govern much(prenominal) a waiver are so strict such that, an officer may cause himself in breach easily if care is not exercised. These rules cover issues such as the mental capacity, age, time of getting the consent and the manner of soliciting such consent. As mentioned, care has to be exercised or otherwise the search constitutes a breach.ReferencesZalman, M. (2010). Criminal Procedure Constitution and Society, Sixth Edition. Prentice Hall.Hess, K. Orthman, C. H., & Cho, H. (2014). Introduction to rectitude Enforcement and Criminal Justice. Cengage Learning.Top of bounceStephens, O. H., & Glenn, R. A. (2006). Unreasonable searches and seizures Rights and liberties under the law. Santa Barbara, Calif. u.a. ABC-Clio. Bottom of FormSource document