The Fourth Amendment Of The Us Constitution - 929 Words

In recent times there has been a growing number of concerns regarding the way police officers perform arrests. Along with these arrests are searches conducted by officers which can sometimes be unconstitutional. The Fourth Amendment of the US Constitution protects its citizens by giving â€Å"the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures† (U.S. Const., amend. IV). This amendment aims to prevent officers from conducting random searches of a citizens’ property and aims to give them a reasonable expectation of privacy. Some searches such as a dog sniff inspection are also invalid under the fourth amendment. This is because it also violates a citizens’ expectations of†¦show more content†¦Probable cause is considered to be used contextually from case to case as its definition is not concrete and has no specific guidelines which can lead to some officers making unconstitutional s earches. According to the Georgia Criminal Code OCGA 17-5-1 officers are only allowed to â€Å"search the person arrested and the area within the person’s immediate presence for the purpose of protecting the officer from attack, preventing the person from escaping, discovering or seizing the fruits of the crime for which the person has been arrested, or discovering or seizing any instruments, articles, or things which are being used or which may have been used in the commission of the crime for which the person has been arrested.† In the case of Chimel v. California (1969) officers went to Chimel’s home with the intentions of arresting him for a previous burglary. While they were at Chimel’s home they proceeded to conduct a search of his house and found several items which later lead to his conviction. This search was illegal, however, due to the fact the officers did not obtain a search warrant before conducting the search of his home. Chimel’s ca se was sent to the Supreme Court where they overturned the decision because the officers were limited to searching only Chimel and the area within his immediate control. Due to the fluidity of the definition of probable cause, the area where an officer can search an