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Look back at the answer you provided to the pre-assessment question at the start of this module. after readings, would you change your answer?
Why or why not?
my answer
Looking at the 4th Amendment, the law prohibits unwanted searches and seizures from government officers and other public officials. It has a set of rules that allow for the obtaining and issuance of a search warrant. In most cases, the warrants are issued by judges who are justified by the presence of probable cause, which must be supported by verification. The evidence obtained from the public space will not be suppressed. It is because the police did a warrantless search as well as seizing the property, which was illegal(“4th Amendment of the U.S. Constitution”).
The New Bradford Police Department is not obliged to have obtained a search warrant for it to search the said individual’s garbage. The warrantless seizure of property left and found in an open space is supposed to violate the Fourth Amendment laws (“4th Amendment of the U.S. Constitution”). The laws of the 4th Amendment regarding the abandoned property are in an open space and are regarded as public property and not private. The police department does not need a search warrant to search an individual’s garbage papers. In this sense, it does not necessarily need to establish doubt or demonstrate reasonable doubt.
According to the court’s order, the court states that submit the garbage papers were abandoned by Mr. Smith’s property. With that in mind, the individual, Mr. Smith, has no right to challenge the garbage search since it is public property. The area upon which left the trash and the
garbage paper under the law, the site is not protected under the 4th Amendment. Most of the evidence that is obtained from Mr. Smith’s garbage will not be suppressed.
To summarize, the laws of the 4th Amendment focus on the rights of the suspect to narcotics. Since the garbage was in public space, the suspect had no right to stand and challenge the search since the court states that it was an abandoned property in a general area. Public spaces are not protected under the laws of the 4th Amendment.


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