Question
Please check my answers and give feed back on each question if needed based off of the scenario given: Before Simon returned home from his
Please check my answers and give feed back on each question if needed based off of the scenario given:
Before Simon returned home from his State B fishing trip, a State B wildlife officer, who overheard Simon's conversation with the clerk, stopped Simon in the parking lot. As he peered through Simon's car window, the wildlife officer asked Simon about the minnows. The wildlife officer explained that the minnows were contraband and asked Simon to turn them over so that he could confiscate them. Simon objected and told the wildlife officer that the minnows appeared to be healthy and that they were purchased from a reputable State A dealer. Simon demanded that the wildlife officer prove to him that the State A minnows had parasites. The wildlife officer declined. Eventually Simon turned over the minnows to the State B wildlife officer.
1.Explain the purpose of the Fourth Amendment.
The Fourth Amendment tries to protect the right of privacy of people and protects them against any kind of unreasonable search or seizures.
2. Was a government actor involved in the seizure of Simon's minnows?
There may be a government order regarding the seizure of minnows, which were unhealthy or had parasites on them. However, in this case, it was the duty of the wildlife officer to prove that the minnows were contraband and seizure was the correct step to be followed.
3. Was there a legal basis for confiscating the minnows? Explain.
As there might be a government order regarding the seizure of minnows, so there is a probability of a legal basis being involved in the case. However, there is no search warrant with the wildlife officer to search Simon's car and seize the minnows.
4. Did the seizure of the minnows from Simon's car require a warrant? If not, did the confiscation of the minnows meet the warrant less search exception?
A warrantless search is permissible in cases or scenarios where there is a probable valid reason for search and the officer may have the belief that the evidence can be removed or destroyed till the time the search warrant is obtained. in this case, the wildlife officer may have doubt that Simon may consume the minnows, so he decided to go for a warrantless search.
5. Did the seizure of the minnows meet the probable cause standard? Explain.
Probable cause is basically a Fourth Amendment's requirement, which needs to be met before the police conducts a search or receive a warrant. This is also applicable in cases of warrantless search. The seizure would be immediately required to be presented before court to determine the probable cause. Hence, in this case, the probable cause standard has been rightfully met and the wildlife officer needs to present the seized minnows before court to explore the probable cause statement.
6. Explain the Fourth Amendment and how it protects citizens and others.
The Fourth Amendment has specified that the absence of a probable cause may render a warrant or warrantless search as invalid. This is so because the absence of probable cause makes the search or seizure unreasonable. Probable cause includes suspicion of the officer as well.
In absence of a probable cause for arrest or search, the effectiveness of warrant becomes zero and hence the officer can't take nay kind of substantial action. This limits the legal power of any officer.
7. Also, analyze and conclude whether or not Simon's Fourth Amendment rights were violated.
In my views, the Fourth Amendment rights of Simon were not violated as the wildlife officer was performing his duty and conducted a warrantless search. Minnows are entities which can be easily hid or consumed, hence the officer needed to act fast. Everything was conducted under law and hence Simon's fourth Amendment rights were not violated.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started