After reading about this drug event, I feel that the Fourth Amendment is probably on the side of the person who was arrested for drugs. The Fourth Amendment reads that people have the right to be protected “in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person of things to be seized” .

Based upon what the Fourth Amendment reads, I feel that the officer violated the rights of the person who admitted to smoking marijuana. First of all, the officer picked up a cigarette that the person claimed to have thrown off of the porch and then arrested this person. Dozens of cigarettes could have been thrown off of that porch. Without DNA testing, is there any proof that the cigarette thrown off of the porch belonged to the person who admitted to smoking marijuana? The officer did not have a search warrant that outlined the place, address, reason, and person that was going to be searched. Therefore, there is a good chance that this evidence will be thrown out of the court. Secondly, even though the balcony does not completely block the public from seeing what is going on, the balcony is still part of the person’s home and would fall into the category of “home,” under the Fourth Amendment. Without a search warrant, I cannot see the cigarette evidence as admissible in court, any evidence obtained by improper means usually not allowed in a court if law.

The Fourth Amendment also states that warrants cannot be issued, unless there is probable cause, which leads to another amendment violation. The second officer stepped onto the person’s balcony and seized her purse without a search warrant to find marijuana. I do not feel this evidence will be admissible in court. While the officer did have a search incident to retrieve the crack cocaine that he found in the woman’s purse, I do not feel that he had the proper search warrant needed to look inside her purse for the marijuana, since she was still inside her home.