CJ:140 Introduction to Constitutional Law
Professor Robert Winters
February 22, 2014
Abstract: Pertaining to the differences between probable cause and reasonable suspicion within law enforcement can determine the difference between a legal search and seizure and police officers obtaining evidence in an illegal manner. Officers need to handle each situation when probable cause and reasonable suspicion is involved. Determining what is reasonable and what is not takes great skill, perseverance, comprehension of the law, and an innate intuitiveness on the part of the officer. The Fourth Amendment clearly defines the exceptions to the warrant requirement. …show more content…
But, reasonableness has acquired a few vastly different meaning depending upon what it is pertaining to as well as what part of the Fourth Amendment it is referring to. Several paramount cases have defined “reasonableness” quite differently. Such as; “What is reasonable depends upon a variety of considerations and circumstances. It is an elastic term which is of uncertain value in a definition.” (Sussex Land & Live Stock Co. v. Midwest Refining Co., 1923), and “Not extreme. Not arbitrary, capricious or confiscatory” (Public Service Comm’n v. Havemeyer, 1936), and “That which is fair, proper, just, moderate, suitable under the circumstances, fit and appropriate to the end in view, having the faculty of reason, rational, governed by reason not immoderate or excessive, honest, equitable, tolerable” (Cass v. State, 1933). These cases clearly have their own perceptional descriptiveness constitutionally speaking. Reasonableness is that distinct area at which the government’s attention progressed by a specific search and seizure prevails over the deficit of personal privacy. Reasonableness saturates the law, thus how it is determined definitely depends upon what specifically is pertains to. But all in all, it has been justified by several descriptive cases within the criminal justice arena.
Exceptions to the Warrant Requirement: 1. Searches leading to a legal arrest: Searches that can lead to a