Question
Demonstrate a critical thought process about below: SCOTUS has repeatedly said that the Fourth Amendment expresses a strong preference for search warrants in the privacy/community
Demonstrate a critical thought process about below: SCOTUS has repeatedly said that the Fourth Amendment expresses a strong preference for search warrants in the privacy/community safety ideal, permitting only a few well-defined exceptions. That1s the law, but whafs the practice? The vast majority of searches are made without warrants, because the exceptions are interpreted broadly to satisfy the strong preference oflaw enforcement officers and the clear practical need for searches without warrants (Haddad 1977, 198-225; Sutton 1986, 411 ). One former Washington, D.C., assistant U.S. attorney said of this practical element in searches without warrants: 11 As anyone who has worked in the criminal justice system knows, searches conducted pursuant to these exceptions, particularly searches incident to arrest, automobile and 1 stop and frisk' searches, far exceed searches performed pursu- ant to warrants 11 (Bradley 1985, 1475). Why is this so? According to this same attorney, the reason 11 is simple: the clear rule that warrants are required is unworkable and to enforce it would lead to exclusion of evidence in many cases where the police activity was essentially reasonable" (1475).
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