Contents

Introduction…………………………………………………………………………………….2

Discussion2-3

Conclusion…………………………………………………………………………………..3-4

Reference………………………………………………………………………………………..5

 INTRODUCTION

Fourth amendment states that the right of the people shall be secured in terms of their houses, offices, papers, and effects cannot be searched without any warrant. However, if any case demands warrant for search or there is a requirement for probable cause then it shall be issued. The warrant for searching a place so issued must mention the place to be searched, and for seizure purpose, things shall be mentioned in it. The search warrant shall be supported by oath or affirmation.The government give its people the benefit of violating nay search without search warrant. This providessafety to the people of the state, city and country.

Based on assumption or doubt, search cannot be conducted, the police man must have warrant with them to search any place. Seizure of anything ca be possible of the warrant is available and also the thing to be seized must be mentioned in it.It shall also be noticed that fourth amendment protects people and not the place. The sheer notice or exploration to the outer surface of the clothes of a person all over the body, is not called as search.

Fifth amendment states that in any criminal case, a person cannot be forced to say things against himself. In other words, Fifth Amendment protects a person from becoming witness against himself.

In a court of law, admissible evidencerefers to the document or evidence that are tangible in nature to proceed further. It is also said generally, evidence are that are relevant is admissible in nature. Non-relevant evidences are inadmissible in nature. The relevant evidence is the one which has the capacity to prove facts in the proceedings.

DISCUSSION

Steve Wiebe is a 35 year old man, who was not successful. He has spent most of his life remaining into his room in basement by playing Nintendo. He found the purpose of his life after watching the documentary film, ‘The king of Kong- A fistful of Quarters’. Steve wanted to break all the game records in game Donkey Kong. Steve was working as pizza delivery boy at Little Donnie’s Pizza. From past eight months, he was working there.

Steve was a hard-working and star employee at the pizza store. So he threatened his boss to buy the Donkey Kong machine for the lobby. Steve used to spent his time only on playing game or delivering pizza, after the arrival of the game machine.But his performance went down and he could earn much due to his addiction on playing game Donkey King.He made a plan where he can play well and take revenge from his previous employer of Fun Spot.

In order to take revenge, Steve made a plan to break into Fun spot through stash of quarters.

On the very next day, a police officer, Walter Day entered into the Pizza store to have snacks at night. He noticed Steve with quarters. The officer asked Steve about the 5 gallon bucket filled with quarters, but he did not replied as he was concentrating on playing Donkey Kong. These quarters seemed little odd to the officer. So in order to carry his investigation, the officer asked the reason and Steve confessed all his plan against the Fun Spot.

Walter Day called the local prosecutor DA Saunders to carry the further investigation and also asked for the issuance of search warrant from the local judge.

As per the fourth amendment, the search warrant can be issued on support of oath or affirmation. The officer and local prosecutor got the warrant to search Steve’s place. However, Steve did not mention about his house in the confession. But to collect evidence and prevent crime, they all went to the Steve’s place after presenting Steve the search warrant.

At Steve’s place, many things were found suspicious.Disturbing poster of David Hasselhoff, a bag full of Marijuana was found under the mattress. In the laptop of the Steve, the officer found the details plans of Fun Spot.On further investigation, some paper were found from the pocket of Steve, in which plan for killing Billy Mitchell (the world record holder of game Donkey Kong) was written.The officer also found that Steve was acting jittery. In one of the pocket, they have found an Exacto knife.

CONCLUSION

1. The confession made by the Steve Wiebe in front of the deputy officer, Walter Day, sound suspicious.So they decided to search Steve’s house. After looking at the quarters, they thought they might find some relevant evidence at the home. However, Steve never mentioned anything about his place in confession.

As per the fourth amendment, no police officer shall be allowed to search and seize anyone’s place without presenting the search warrant issued by the court. Thus, the officer obtained the warrant from the judge by presenting himan affidavit.Fourth amendment protects people and not the places.The constitution does not forbid all search and seizure but only some of them. As decided in the case of TERRY VS OHIO, SUPREME COURT OF UNITED STATES, June 10, 1968, fourth amendment gives protection to people and not the place.In this case, the quarters were the relevant evidence to bring doubt to the officer.

1. During the search process at Steve’s house, a bag full of Marijuana was found under the mattress. This is an irrelevant evidence which is not admissible asMarijuana is a drug which is made from the dried leaves of flower hemp plant and is used for smoking..Along with it a disturbing poster of David Hasselhoff was also found. The Marijuana so found does not have any related fact to proceed with the case.

1. The Fun Spot plans were found on the laptop of the Steve which was placed at his house. During the search process, it was found.The self-incrimination clause of the Fifth Amendment states thata person cannot be made witness against himself.However, the law does not define the ways in which a person is made a witness against himself. As per the facts of a case law PENNSYLVANIA, PETITIONER v. INOCENCIO MUNIZ, the suspect was to give a test on charge of drink and drive. The law does not protect a person from obtaining physical or real evidence. However, the law states that the suspect is only protected where they are forced to give test against themselves. In the present situation, the suspect may get an evidence in the form of testimonial or communicative in nature. For the testimonial evidence, the accused’s communication must itself relate to a fact or disclose information.

In the given case study of Steve, the officer looked through the plan of Fun Spot after his confession about taking revenge from the Fun Spot. Steve cannot trigger the protection of fifth amendment as he started acting very jiggery, which gave a doubt that he can do anything crazy.

1. After searching Steve’s outer surface of the clothes, they found, an Exacto knife and a wadded up piece of paper that described the plan of killing Billy Mitchell. The fourth amendment states that, if a police officer explores the outer surface of the clothes of a suspect, just to find the weapons if he had any which can be used against the officer of himself, does not amount to search.

The crux of this case, the police officer was investing a suspect and search was done to prevent any crime. During investigation, the suspect suspicious nature indicated the officer to search his clothes.The officer found knife in suspect’s pocket which gave him the power to take necessary actions to neutralize the threat of physical harm. Also the piece of paper demonstrated the plan to kill Billy. The officer arrested Steve and put him in jail.

References

PENNSYLVANIA, Petitioner, v. Inocencio MUNIZ. (1990). Legal Information Institute, 89-213. Retrieved from htt