The search in private areas by the police is a matter that has raisedeyebrows in the history of the United States. The fourth amendment isa constitutional section that regulates this issue. For this purpose,the three categories of searches as explained in the book are to beexplored. They include the warrant rule, the exclusionary ruleand the exceptions (Kanovitz, Kanovitz, & Klotter, 2002).Moreover, a case of Patudy and hisgirlfriend Nancy is also used in theexplanations of a third party residence searches.
The warrant rule is stipulated in theFourth Amendment that says all searches have to beconducted by authority of a signed warrant from a judge or amagistrate of the United States. Moreover, the warrants have to bebacked by probable cause that is supportedby an affirmation or oath in an affidavit form. It majorly inclinesto a more probable course as the basis ofthe search. Exceptions include searches should not be conducted onSundays or during nights unless it is statedin a clear manner. Also, if an exigent circumstance test passes, thenthe no-knock warrant is applied as an exception to this category.Again, the warrants lose the valueif they are not effected as soon aspossible. If it takes more than 90days,then it becomes invalid (Kanovitz, Kanovitz, & Klotter, 2002).
The exclusionary rule is meant to stop any police misconduct duringthe search because the police are still humans. Therefore, itprofessionalizes the department. However, it has some exceptions likethe purged taint which is effected if thedefendant comes forward with new evidence after breaking the evidencechain. Another one is the good faithexception saying that if the police are not aware that they areviolating an individual’s FourthAmendment right then,they can still give the evidence (Kanovitz, Kanovitz, & Klotter,2002).
Exceptions are meant to prevent the total overrule of the first twocategories. Exceptions allow police to take control of a situation ifanything wrong is suspected. They include automobile searchexception, which permits searches on road blocks and checkpoints.They can frisk the parcels, bags and other areas of the vehicle butan exception is a trunk where they musthave a good reason to do so. Another one is the border searchexception because the precincts of the nation are essentialto national security. Others include crimescene search exception, consent search exception, Chimel rule, andemergency situation exceptions, among others (Kanovitz, Kanovitz, &Klotter, 2002).
First off, upon realizing that the suspect’s car is availableoutside Fancy Nancy’s house, I would consider that as one of theoptions for search. I will first knock at Nancy’s residence toidentify myself. I would tell her that the police department hasreasons to believe Rudy Patudy is involved in the theft of a man’sgold and diamond Rolex watch and I would like to know if he wasinside the house because I saw his car outside. Then I would tell herthat the police have information that Patudyis her boyfriend and so with her permission, I should search thehouse for the watch. I will be documenting the responses,and I will further probe if she lives there or intends to stayovernight or if it is not her residence("Searching Third-Party Residences,"2016). I would refer to the consent search exception that allows aperson related to the suspect such as a girlfriend or a parent toconsent to asearch in a given premise. If she refuses,I will remind her that she will betreated as an accomplice of a robber and so there is no optionof refusal. Because she deals with stolenproperty, she would probably refuse the search but admit that Patudyis in the house.
My hands shall be tied in searchingNancy’s apartment, but the law has roomfor me to search Patudy’s car. I wouldask him to willingly open the doors of his car for me to search. Ifhe refuses, I will force him becauseI have in mind that the Automobile Search Exception rule allows me tosearch the vehicle if I have reasons tobelieve it could have the stolen watch ("Searching Third-PartyResidences," 2016). If I do not findthe watch in the car, then I would ask him not to move from hisgirlfriend’s apartment until the police have done a fullinvestigation because if he leaves, he might dispose the watch to hiscustomers.
In conclusion, the fourth amendment has categories of searches aswarrant rule, exclusionary rule, or exceptions. A case in pointinvolving third party searches has to bechoreographed in an intelligent manner like the one involvingPatudy. Therefore, the task of searches isenormous for the police and other law enforcement agencies.
Kanovitz, J., Kanovitz, M., & Klotter, J.(2002). ConstitutionalLaw (14thed.). Cincinnati, OH: Anderson Pub.
Searching Third-Party Residences.(2016). Policemag.com.Retrieved 8 November 2016, fromhttp://www.policemag.com/channel/patrol/articles/2005/08/point-of-law.aspx