Warrantless Search

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1. On what constitutional provision was Caymen basing his challenge to the validity of the searches conducted by the police?
The Fourth Amendment. (Mallor, Barnes, Langvardt, Prenkert, & McGrory, 2016, p. 145)
Mallor, J.P., Barnes, A.J., Langvardt, A.W., Prenkert, J.D., & McGrory, M.A. (2016). Business Law, The Ethical, Global, and E-Commerce Environment. New York: McGraw-Hill Education.
2. Must law enforcement officers always have a warrant before they conduct a search, or are warrantless searches sometimes permissible? If warrantless searches are sometimes permissible, when?
No, law enforcement officers do not always need a warrant to conduct a search. Sometimes warrantless are permissible. Search incident to lawful arrest. Certain searches …show more content…
(2016). Business Law, The Ethical, Global, and E-Commerce Environment. New York: McGraw-Hill Education.
3. What is the usual remedy when law enforcement officers conduct an unconstitutional search?
The Exclusionary Rule. The Exclusionary Rule. The exclusionary rule allows evidence seized in illegal searches to not be used in a subsequent trail against an accused whose constitutional rights were violated. (Mallor, Barnes, Langvardt, Prenkert, & McGrory, 2016, p. 154)
Mallor, J.P., Barnes, A.J., Langvardt, A.W., Prenkert, J.D., & McGrory, M.A. (2016). Business Law, The Ethical, Global, and E-Commerce Environment. New York: McGraw-Hill …show more content…
(2016). Business Law, The Ethical, Global, and E-Commerce Environment. New York: McGraw-Hill Education.

5. What if a guilty person goes free as a result of the court’s ruling that he was subjected to an unconstitutional search by law enforcement officers? From an ethical perspective, how would utilitarian’s view that outcome? What about rights theorists?
In my personal view that is fine because a person should never have their constitutional rights violated, but it is also law and after all the law is the law.
A utilitarian focuses is on society as a whole and the impact that actions will have on it. You would need to do what is best for society as a whole. A utilitarian will either view this as a virtuous action or a corrupt action depending on their consequences. Is there a benefit of this action over the cost of this action? Will this action achieve the maximum level of contentment over discontent? (Mallor, Barnes, Langvardt, Prenkert, & McGrory, 2016, pp.
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