Right 1: Police cannot search a person or their belongings without probable cause.
Source or Originator: From complaints against the King-The King would send officers to search people's houses for anything relating to John Wilke's pamphlets attacking the government and the King.
Argument against: The King obviously did not want to lose the right of going to people's houses and searching it without a probable cause. By searching people's houses when he felt like it, he could keep them from rebelling against him.
Court case/Why?: Warden v Hayden (1967). Police went into a house after armed robbery was reported. The resident gave permission to search the house and they found Warden and the gun. He argued that the police did not have probable cause to search the house, and therefore the evidence they found could not be used against him. Decision: The police had probable cause-they recieved a call reporting armed robbery.
Comtemporary/Why: Terry v Ohio (1968) A police searched three men that looked suspicious and found two of them were carrying a gun. Terry was convicted to three years in jail. He aurgued the search had been with no problable cause. The Supreme court convicted Terry to the three years in jail, saying the officer was securing his safety and the public's
--'Probable cause' is debatable.
Right 2: A warrant is needed to search someone's property
Source or originator: Entick v Carrington (1765). Three messengers sent by the King entered Entick's property and searched it wihout Entick's consent and against his will. It was decided that a state officer could only enter a peron's home with permission or 'in a manner prescribed by law'.
Argument against: again, the King opposed it.
Court case/ Why?: Georgia v Randolph (2006)-Scott Randolph was arrested after the police found cocaine in his home. The police did not have a warrant, Randolph's wife gave permission for the search, but Randoplh did not. Decision: Randolph was not convicted, the search was unconstitutional because the police did not have a warrant and they searched without Randolph's consent.
Contemporary/ Why?: When police have a probable cause and they don't have time to go to a judge for a warrant police are allowed to search property.
never mind found it.
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