The Fourth Amendment Under The Constitution Prohibits...

The Fourth Amendment under the Constitution prohibits unreasonable searches and seizures. Katz v. U.S., 389 U.S. 353 (1967). The general rule under the Fourth Amendment requires a search warrant to be obtained before a search. Riley v. California, 134 S. Ct. 2482 (2014). However, a search without a warrant may be reasonable if it falls within an exception to the warrant requirement. Id. at 2482. Some exceptions that have been argued in drunk driving cases are â€Å"exigent circumstances† and â€Å"search-incident-to-arrest.† The method that has been used in drunk driving incidents is a Blood Alcohol Content (BAC) test. The BAC test can be administered either through a breath test or a blood test. The courts have determined that taking a blood sample or administering a breath test constitutes a search within the meaning of the Fourth Amendment. Schmerber v. California, 384 U.S. 757, 767-768 (1966). This paper will examine the issue of whether the Fourth Amendment permits warrantless breath and blood tests incident to arrests for drunk driving. In Schmerber v. California, (384 U.S. 757, 1966) the Petitioner, Schmerber, was convicted of a DUI. He was admitted to the hospital following a vehicle accident where he had been driving after previously drinking. The officer ordered for a blood sample to be taken by hospital personnel, without the consent from the Petitioner. Schmerber argued that the blood drawn violated his Fourth Amendment rights from unreasonable search and seizures. InShow MoreRelatedImagine You Are On A Family Road Trip You Drive Through1403 Words   |  6 Pagesthe question this legal or illegal for the officer to do? I believe that search and seizure are ethical because it protects citizens from an unlawful entry and provides protection for law enforcement in case a person is dangerous or to provide evidence to use in a criminal case in court. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supportedRead MoreFourth Amendment : Search And Seizure963 Words   |  4 PagesFourth Amendment: Search and Seizure The Fourth Amendment: Search and Seizure was passed by Congress on September 25, 1789 and ratified December 15, 1791. The Fourth Amendment provides, [t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the personsRead MoreHorton Vs. 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