Searches that were prohibited through the Fourth Amendment were, general warrant and searches, multiple specific warrants, no clurnal searches and no-knock entries that were considered unreasonable (pp.739.50, Cuddily, William). General warrants were use just because officers may disapprove of you. Anyone that they wanted to target this type of warrants were use even if they did not have probable cause for arrest.
Explain how prohibiting that type of search would address historical problems.
The major issues in prohibiting certain types of search is for everyone protection. The question was if judges had the authority to issues this type of warrants and override local law. This brought about another issue that affected how our Fourth Amendment was interpret. One reason that the knock- and- announce rule was put into the Fourth Amendment, to protects and secure the privacy and property interests of people in their homes. This keep both the police and those in their home from unnecessary violence. Analyzes case law to the scenario to determine whether a no-knock warrant should be requested and supports the application with resources
In State v. Bamber in Hillsborough …show more content…
2d 303 (1982) State of Florida, Petitioner, v. William M. RICKARD, Respondent. Mr. Richard was arrested based on a called from a neighbor that he was growing marijuana plants. The residence was not home at the time that the officer came by. The officer was located outside of a constitutionally protected area and looking inside. The officer did not obtain a warrant nor did he have any exception to the warrant requirement. The seizure without a warrant was improper and the motion to suppress the plants in the backyard was granted. The police without a warrant was in violation of the Fourth Amendment. The marijuana plant was found after the officer enter his property without a